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HomeMy WebLinkAboutAgenda Packets - 2004/04/12 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, April 12, 2004 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Resolution of the Mounds View Independent School District, City of Arden Hills, City of Mounds View, City of New Brighton, City of North Oaks, City of Roseville, City of Shoreview, and City of Vadnais Heights Jointly committed to individual, joint, constructive, and peaceful responses to these acts of terrorism and racism in our communities. 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 PM, Monday, April 26, 2004, to Consider the First Reading and Introduction of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Outdoor Temporary Sales C. Resolution 6221 authorizing the purchase of a Stalker Radar Unit utilizing Safe and Sober grant funds and forfeiture funds. D. Set a Public Hearing for 7:10 PM, Monday, April 26, 2004, to Consider Resolution 6225 Approving an Off-Sale Intoxicating Liquor License for Sid’s Discount Liquors located at 2577 West Highway 10. E. Resolution 6222 Approving of the Acquisition of Tax Forfeited Property on County Road H2 in Mounds View (Lot 36, Knollwood Park) from Ramsey County F. Resolution No. 6223 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the Hidden Hollow Street and Utility Installation Project. G. Resolution No. 6224 Approving the Purchase of Items Associated with the 2004 Parks Improvement Project H. Set a Public Hearing for 7:15 PM, Monday, April 26, 2004, to Consider the First Reading and Introduction of Ordinance 735, an Ordinance Amending the Zoning Code Relating to Temporary Tents and Membrane Structures in Commercial/Industrial Districts I. Resolution No. 6220 Approving the Contract for Golf Professional Services 9. COUNCIL BUSINESS A. 7:05 PM: Public Hearing for a PUD Amendment Request to add Religious Institution as a Permitted Use on the “Building N” Parcel B. 7:10 PM: Public Hearing, Second Reading and Adoption of Ordinance 732, an Ordinance Authorizing the Transfer of Real Property from the City of Mounds View to the Mounds View Economic Development Authority (Roll Call Vote) C. Resolution 6219 Approval of a Bobcat Skidsteer D. Resolution 6215 Approving Transfers Between Funds for the Year 2003. E. Resolution 6216 Approving Inter-fund Loans for the Year 2003 and Setting an Interest Rate on Inter-fund Loans for the Year 2004. F. Consideration of Charter Commission Recommendation to Amend Section 4.02 Filing for Office. G. Consideration of Request from Innovative Images Marketing and Management LLC for a Settlement Conference H. Resolution 6226 Authorizing the Hire of Charles Preisler to the Position of Intern in the Community Development Department I. Resolution 6228 Authorizing the Adoption of the Vantagecare Retirement Health Savings Program J. First Reading and Introduction of Ordinance 734, an Ordinance Amending Chapter 513 Pertaining to Adult Oriented Businesses 10. APPROVAL OF MINUTES A. City Council Minutes, March 22, 2004 B. Special City Council Meeting, March 29, 2004 C. Executive Session Minutes, March 29, 2004. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Golf Course Quarterly Report C. Reports of City Attorney (1) Park Dedication Fee Opinion 12. Next Council Work Session: Monday, May 3, 2004 Next Council Meeting: Monday, April 26, 2004 Item No: 06A Meeting Date: April 12, 2004 Type of Business: Special Order of Business Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Approval of a Joint Resolution of the Mounds View Independent School District, City of Arden Hills, City of Mounds View, City of New Brighton, City of North Oaks, City of Roseville, City of Shoreview, and the City of Vadnais Heights to Emphasize Commitment to Resolving Human Rights and Terrorism Issues in the Community On March 22, 2004, the Mounds View City Council approved Resolution 6218, a resolution of Commitment to Resolving Human Rights and Terrorism Issues in the Community. The Mounds View School District would like another Joint Resolution signed by each Mayor of the Cities listed above, to show the community this joint effort in resolving these issues. Attached is a copy of that Resolution. The original Resolution will be available for signature on the day of this meeting. Respectfully submitted, Desaree Crane Administrative Assistant RESOLUTION MOUNDS VIEW INDEPENDENT SCHOOL DISTRICT, CITY OF ARDEN HILLS, CITY OF MOUNDS VIEW, CITY OF NEW BRIGHTON, CITY OF NORTH OAKS, CITY OF ROSEVILLE, CITY OF SHOREVIEW, AND CITY OF VADNAIS HEIGHTS JOINTLY: Whereas representatives of the above-named cities (the Cities) and the Mounds View School District share an interest in human rights’ challenges within our respective communities, including threats of terrorism and racism; and Whereas the recent bomb threats and racial incidents in the Mounds View School District illustrate the challenges facing all of us; and . Whereas the Cities commend the Mounds View School District (the School District) for taking swift and sustained action in response to these acts of terrorism and racism; and Whereas the Cities and the School District must continue to unite and jointly speak out against such acts of terrorism and racism. Now, therefore, be it resolved by the Mounds View School District Board and the City Councils of Arden Hills, Mounds View, New Brighton, North Oaks, Roseville, Shoreview and Vadnais Heights that we are committed to individual, joint, constructive, and peaceful responses to these acts of terrorism and racism in our communities; That, while there are no easy formulas to eliminate both terrorism or racism, we will continue to work together and with appropriate law enforcement agencies to protect the well- being of every person subject to such threats; and We hereby commit ourselves and our honor to the effort to eliminate terrorism and racism and to protect the freedom and safety of each person at the Mounds View Schools and in our communities. Dated: __________________, 2004 _________________________________________ ________________________________ Mayor, City of Arden Hills Mayor, City of Roseville _________________________________________ _______________________________ Mayor, City of Mounds View Mayor, City of Shoreview _________________________________________ _______________________________ Mayor, City of New Brighton Mayor, City of North Oaks _________________________________________ _______________________________ Chair, Mounds View Independent School District 621 Mayor, City of Vadnais Heights Item No: 08A Meeting Date: April 12, 2004 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2004. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2003. Those companies renewing their license were licensed, at a minimum, in the year 2003. The type of license they are applying for follows the company name. Air Masters, Inc. – HVAC – New American Sign Co. DBA Eagle Sign Co. – Sign - New Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barbara Benesch Item No:8C Meeting Date: April 12, 2004 Type of Business:CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Authorization to purchase a Stalker Radar Unit using Safe and Sober grant funds and forfeiture funds. Date of Report: 4-6-04 Background: The Police Department is updating its older squad radar units with Stalker DSR radars. The Police Department would like to purchase an additional Stalker DSR squad radar. The Minnesota Department of Public Safety Safe and Sober Grant awarded to the City Of Mounds View allows $1250.00 of the grant funding to be used (with matching city funding) towards the purchase of traffic enforcement equipment. The cost of a new Stalker DSR radar unit is $2640.00. Discussion: Funding of the new radar unit can be accomplished by using $1400.00 of forfeiture funds and $1,250.00 of Safe and Sober Grant funding designated for equipment purchase with matching city funding. Recommendation: Staff recommends Council approve the purchase of the Stalker DSR Radar Unit utilizing funding formula indicated above. Mike Sommer Chief of Police RESOLUTION NO. 6221 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION THE PURCHASE OF A STALKER DSR RADAR UNIT UTILIZING SAFE AND SOBER GRANT AND FORFEITURE FUNDS WHEREAS, the Police Department is updating its squad radar equipment and is in need of purchasing one additional Stalker DSR squad radar unit, with a state bid price of $2640, and; WHEREAS, the City of Mounds View was awarded a grant from the Minnesota Department of Public Safety Safe and Sober program which allows the city to use up to $1250.00 of the grant funding towards the purchase of traffic enforcement equipment with matching city funds, and; WHEREAS, funding the balance of the cost of the radar unit is available and has been budgeted in the police forfeiture fund. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize the purchase of one Stalker DSR radar unit by utilizing $1250.00 from the Safe and Sober grant, and $1400.00 from the police forfeiture fund. Adopted this 12th day of April 2004. ______________________________ Jerry Linke, Mayor (ATTEST) _______________________________ Kurt Ulrich City Clerk/Administrator (SEAL) Item No: 08D Meeting Date: April 12, 2004 Type of Business: Council Business Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant Item Title/Subject: Set a Public Hearing for 7:10pm, Monday, April 26, 2004, to Consider Resolution 6225 Approving an Off- Sale Intoxicating Liquor License for Sid’s Discount Liquors located at 2577 West Highway 10. Section 502.08 of the Mounds View City Code requires that a public hearing be held for new and transfer liquor license applications after published notice in the official newspaper at least 10 days in advance of the hearing. Applebaum Companies, LLC is intending to open a liquor store at 2577 West Highway 10, doing business as Sid’s Discount Liquors. Sid’s Discount Liquors will be taking the place of Budget Liquors located at the same address. The proper application materials, fee and proof of insurance have been submitted, and the proper background checks will be done prior to the Public Hearing. Respectfully Submitted, Desaree Crane Item No. 8E Type of Business: CA Administrator Review: _____ WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Aaron Backman Item Title/Subject: Resolution No. 6222 Approving the Acquisition of Tax Forfeited Property described as Lot 36, Knollwood Park from Ramsey County Meeting Date: April 12, 2004 Background: On July 22, 2003 the City of Mounds View and Pro Craft Homes signed a pre- development agreement for the single-family residential project referred to as The Woods of Mounds. During the summer of 2003 discussions were held with Ramsey County regarding the City acquiring an additional lot facing Co. Rd H2 (the City had already acquired three tax-forfeited properties earlier). On February 4, 2004 a purchase agreement was signed by the Fyksens, adjacent landowners, and Pro Craft. The developer is planning for lots for 17 homes on the land that will be acquired from the Fyksens and the City of Mounds View. This necessitated the City of Mounds View acquiring tax-forfeited property described as Lot 36 from Ramsey County. On February 23rd the City Council approved Resolution 6200 approving the acquisition of Lot 36. The City issued a check for $68,901.14 on March 9th based upon a written calculation statement provided by Ramsey County. The county cashed the check on March 11th. During the week of March 22nd Ramsey County called indicating that the Mounds View EDA could not acquire the lot in question and that a Housing Redevelopment Authority would need to do so. I explained that we do not have a Housing Authority and that we had previously acquired other tax-forfeited lots without an HRA. On March 29th, Jim Ericson and Backman contacted Kris Kujala from Ramsey County and discussed the matter further. Scott Riggs, Kennedy & Graven, in turn, was instructed to contact the Ramsey County attorney. It is our attorney’s position that there is no requirement for having an HRA to undertake this transaction. Subsequently the Ramsey County attorney asked for additional lanquage citing that the EDA does have the authority to acquire, develop and redevelop real estate. That language is reflected in the new resolution. Recommendation: Staff recommends that the Mounds View City Council adopt the revised Resolution 6222 that approves the reconveyance of Lot 36, Knollwood Park in Mounds View back to the State of Minnesota at a cost of $26,70; and approves the purchase of Lot 36, with the PIN number of 07-30-23-32-0005, at a cost of $68,874.44. Respectfully submitted, ____________________________ Aaron Backman Economic Development Coordinator \\Trout\MasterFiles\2004\City Council\Council Packets\04-12-04\Item 08E Reso 6222 Approv. Acq. of Lot 36 from Ramsey Co. for Woods of M.V..doc CITY RESOLUTION NO. 6222 EDA RESOLUTION NO. 04-EDA-183 CITY OF MOUNDS VIEW MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA JOINT CITY AND EDA RESOLUTION APPROVING OF THE ACQUISITION OF TAX FORFEITED PROPERTY ON COUNTY ROAD H2 IN MOUNDS VIEW (LOT 36, KNOLLWOOD PARK) FROM RAMSEY COUNTY WHEREAS, the City of Mounds View (the “City”) and the Economic Development Authority of Mounds View (the “EDA”) currently own or control five lots covering approximately 6.5 acres in the block bounded by County Road H2, Knollwood Drive, Wooddale Dr., and what would be Pleasant View Drive in the City; and WHEREAS, the City has acquired Lots 34, 35 (the back 500 feet), and 37, and has a use deed with Ramsey County for Lot 36, all in the plat of Knollwood Park, Ramsey County, Minnesota; and WHEREAS, Mr. Blaine Fyksen, an adjacent landowner, with approximately 4.1 acres in the same block has expressed a willingness to coordinate development with the City with the intent to sell his property for residential development consistent with the City’s comprehensive plan and zoning regulations; and WHEREAS, Twin City Testing successfully completed soil testing and drilling activities on June 26, and submitted its geotechnical report to the City on July 1, 2003; and WHEREAS, on June 4, 2003, the Mounds View Planning Commission found the proposed use for low density residential development to be consistent with the City’s comprehensive plan, and unanimously recommended to the City Council the acquisition of Lot 36, Knollwood Park, Ramsey County, Minnesota, further identified by the PIN of 07-30-23-32-0005; and WHEREAS, on June 9, 2003, the EDA selected Pro Craft Homes, Inc. of Vadnais Heights, Minnesota, to be the private developer for the proposed County Road H2 residential project, also referred to as “The Woods of Mounds View” that would entail the development and redevelopment of the area surrounding Lot 36, Knollwood Park, Ramsey County, Minnesota, through the private construction of approximately 17 single family homes; and WHEREAS, on July 22, 2003, the City and Pro Craft Homes signed a pre- development agreement regarding “The Woods of Mounds View” proposed project; and WHEREAS, on February 4, 2004 Pro Craft Homes and the Fyksens signed a purchase agreement to sell the Fyksen property to Pro Craft Homes for this residential subdivision project; and WHEREAS, the acquisition by the City and EDA of Lot 36, Knollwood Park, Ramsey County, Minnesota, is necessary for the full development and redevelopment of the area surrounding Lot 36, Knollwood Park, Ramsey County, Minnesota; and WHEREAS, to address the issue of public purpose pertaining to land governed by a use deed and to adequately control and promote the orderly development of the area, City staff recommends the acquisition of the remaining tax forfeited land on County Road H2 identified as Lot 36, Knollwood Park, Ramsey County, Minnesota; and WHEREAS, the use to be made of Lot 36, Knollwood Park, Ramsey County, Minnesota, is as a portion of a subdivision development and accompanying potential public utility, drainage and storm water pond purposes, and the public purpose for acquiring Lot 36, Knollwood Park, Ramsey County, Minnesota, is for the development and redevelopment of the area surrounding Lot 36, Knollwood Park, Ramsey County, Minnesota; and WHEREAS, consistent with the authority to acquire, develop and redevelop real property within the City provided to the City and the EDA by Mounds View City Charter Sections 1.02 (Powers of the City),1.03 (Charter a Public Act), 9.01 (Acquisition of Property) and 12.05 (Sale of Real Property), Minnesota Statutes Chapter 410 (Charters) and Minnesota Statutes Sections 469.090 through 469.123 (Economic Development Authorities) (in particular, Minnesota Statutes Section 469.101, subdivisions 2, 5, 9, 10 17, and 18), the City and EDA have determined that it is in the public interest and find that a public purpose exists as stated herein and above for the promotion and facilitation of the development and redevelopment of the area surrounding Lot 36, Knollwood Park, Ramsey County, Minnesota, through the private development and redevelopment of a residential subdivision and a return of Lot 36, Knollwood Park, Ramsey County, Minnesota, to the tax rolls of all taxing jurisdictions affecting Lot 36, Knollwood Park, Ramsey County, Minnesota. NOW, THEREFORE BE IT RESOLVED THAT, the Mounds View City Council and the Mounds View Economic Development Authority hereby adopt the recitals set forth above in this resolution as the findings of the City and EDA regarding the matters referenced herein, and that such recitals are incorporated into and made part of this resolution. NOW, THEREFORE BE IT FURTHER RESOLVED THAT, the Mounds View City Council does hereby approve the reconveyance of Lot 36, Knollwood Park, Ramsey County, Minnesota, back to the State of Minnesota at a cost of $26.70; and the Mounds View Economic Development Authority approves the purchase and acquisition of Lot 36, Knollwood Park, Ramsey County, Minnesota, at a cost of $68,874.44. NOW, THEREFORE BE IT FINALLY RESOLVED THAT, the Mounds View City Council and the Mounds View Economic Development Authority hereby direct and authorize staff to take all necessary further action to implement this resolution regarding the matters referenced herein. Adopted this 12th day of April, 2004 by the City of Mounds View. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Adopted this 12th day of April, 2004 by the Mounds View Economic Development Authority ________________________________ Jerry Linke, President ________________________________ Kurt Ulrich, Executive Director Item No. 8F Meeting Date: April 12, 2004 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6223 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the Hidden Hollow Street and Utility Installation Project Background: For the last several months the City has been working with Pro Craft Development LLC, to develop parcels of land owned by the City and private citizens that are located south of County Road H2, west of Knollwood Drive and north of Woodale Drive. Pro Craft Development, LLC has submitted a preliminary plat along with grading and utility plans for review by the City. Discussion: Preliminary Report - The first step in a public improvement process is the preparation of a preliminary engineering report. It is recommended that the preliminary report be ordered at this time to determine the need and feasibility, both physical and economic, of providing the necessary public improvements. As of April 7, 2004, Pro Craft Development, LLC has not executed a petition for public improvement. The petition is necessary in that it requires the developer to submit financial security to the City to ensure that the City will be reimbursed for fees associated with creating the report. Therefore, authorizing a preliminary feasibility report should be contingent upon the execution of a petition for public improvement and submittal of financial security. Consultant Selection – There are several engineering consultants within the City’s “consultant pool” from whom services could be obtained. Staff recommends that the Council retain the services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. Recommendation: It is recommended the City Council adopt a resolution authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the Hidden Hollow Street and Utility Installation Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6223 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PREPARATION OF A PRELIMINARY FEASIBILITY REPORT AND CONSULTANT SELECTION FOR THE HIDDEN HOLLOW STREET AND UTILITY INSTALLATION PROJECT WHEREAS, Pro Craft Development, LLC has submitted a preliminary plat along with grading and utility plans for review by the City; and WHEREAS, the first step in a public improvement process is the preparation of a preliminary engineering report; and WHEREAS, a petition for public improvement is necessary in that it requires the developer to submit financial security to the City to ensure that the City will be reimbursed for fees associated with creating the report; and WHEREAS, there are several engineering consultants within the City’s “consultant pool” from whom services could be obtained; and WHEREAS, Staff recommends that the Council retain the services the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. It is hereby authorized that the preliminary report for the Hidden Hollow Street and Utility Installation Project be prepared. Said preliminary report shall include an analysis as to whether the proposed improvements are necessary, cost effective, and feasible. 2. Said approval will be contingent upon Pro Craft Development, LLC submitting to the City an executed petition of public improvements along with the necessary financial security. 3. The services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) shall be retained to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. Adopted this 12th day of April 2004. ______________________________ Jerry Linke, Mayor (ATTEST) ______________________________ Kurt Ulrich City Administrator (SEAL) Item No. 8G Meeting Date: April 12, 2004 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6224 Approving the Purchase of Items Associated with the 2004 Parks Improvement Project Background: In the spring of 2003, the Parks and Recreation Commission initiated a “Parks Needs Analysis”. The Parks and Recreation Commission spent several months visiting and reviewing all of the City’s parks to identify any problems and deficiencies. Based on this review, the Commissioners created a list of “needs” for the parks. On June 26, 2003 the needs list was categorized into three categories: A. Maintenance (do now) B. Budget (budgeted items for 2004, 2005, or 2006) C. Long Term (add to Capital Improvement Program) Each category was then carefully review and prioritized. On October 23, 2003, the Parks and Recreation Commission completed the “Parks Needs Analysis”. This is attached for review. Discussion: On October 23, 2003, the Parks and Recreation Commission made a motion to submit a final list to the City Council and recommend it for approval and inclusion in the 2004 Budget and Capital Improvement Program. The needs analysis list was delivered to the City Council via their City Hall “In” baskets. The long term items in Category C were added to the draft Capital Improvement Program, and the 2004 items in Category B were added to the draft 2004 Proposed Budget. The 2004 Park Dedication Fund, Construction Account (Account 285-4470-7050) has $34,633.00 budgeted for the purchase of the following list of park improvement items: 2004 (Total Cost estimate -$34,633) 1. Paint and repair City Hall pavilions. ($1000) 2. Install new tables in the park pavilions at City Hall. (8 Tables, $7,000) 3. Install nets above backstop at Greenfield Park. ($2400) 4. Add more picnic tables at Hillview Park. Suggested during May 8, 2003 park tour. B ($2,500) 5. Install grill by shelter at Hillview Park. ($300) 6. Resurface roller blade rink at Hillview Park. ($5,000-$7,000) 7. Add carpeting or some sort of floor covering at Lambert Park. Suggested at the May 22nd meeting. B ($2,000) 8. Replace picnic tables at Oakwood Park. ($1 Table-$1,000) 9. Install chain-link fence on west end of field for soccer play at Oakwood Park. ($500) 10. Replace doors on building at Random Park. ($600) 11. Install park bench at south end of playground at Random Park. ($600) 12. Crack seal parking lot at Silver View Park. ($1,520) (seal coat, included@ $6,533.00) 13. Replace the two grills at Silver View Park. Suggested during May 8, 2003 park tour. ($800) 14. Add picnic tables by the basketball court / parking lot area at Silver View Park. Suggested during May 8, 2003 park tour. ($800) 15. Add picnic tables by the playground area at Silver View Park. Suggested during May 8, 2003 park tour. ($800) 16. Replace doors on shelter at Silver View Park. ($800) Recommendation: Staff recommends that the City Council approve the purchase of these items associated with the 2004 Parks Improvement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6224 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF ITEMS ASSOCIATED WITH THE 2004 PARKS IMPROVEMENT PROJECT WHEREAS, in the spring of 2003, the Parks and Recreation Commission initiated a “Parks Needs Analysis”; and WHEREAS, on October 23, 2003,the Parks and Recreation Commission made a motion to submit a final list to the City Council and recommend it for approval and inclusion in the 2004 Budget and Capital Improvement Program; and WHEREAS, the Park Dedication Fund, Construction Account (Account 285-4470-7050) of the approved 2004 Budget has $34,633.00 budgeted for the purchase of the items identified to be purchased and installed in 2004 according to the Parks Needs Analysis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The purchase of items identified for purchase and installation in 2004 according to the Parks Needs Analysis is hereby approved. 2. Staff is hereby authorized to obtain quotes for the various items to be purchased, thus adhering to Chapter 429 of state statute. 3. The estimate cost of these items is $34,633.00 to be derived from the Park Dedication Fund, Construction Account (Account 285-4470-7050) of the approved 2004 Budget. Adopted this 12th day of April 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Last Revised: October 15, 2003 MOUNDS VIEW PARKS AND RECREATION PARK NEEDS ANALYSIS The following is a list of park related needs as identified by the Parks and Recreation Commission. These include both short term and long term needs. The identification of the park needs is the first step in developing a long term Capital Improvement Program (CIP) and developing recommendations pertaining to the City’s park system for consideration in the 2004 Budget. On June 26, 2003 the needs list was categorized into three categories: D. Maintenance (do now) E. Budget (budgeted item for 2004, 2005, or 2006) F. Long Term (add to Capital Improvement Program) The following list is the updated needs list with the category for each item noted.(A, B, OR C) Sorted by Catagory A. Maintenance (do now) 1. Weed playground (sand) area of Greenfield Park. Suggested during May 8, 2003 park tour. A 2. Trim and prune bushes and trees at Greenfield Park. Park Foreman Recommendation. A 3. Remove weeds from tote lot at Greenfield Park. Park Foreman Recommendation. A 4. Repair storm drain at Greenfield Park. Park Foreman Recommendation. A 5. Re-chip entire of Greenfield Park. Park Foreman Recommendation. A 6. Trim back vegetation from ball field fence at Greenfield Park. Park Foreman Recommendation. A 7. Repair outdoor toilet enclosures at Groveland Park. Park Foreman Recommendation. A ($800-$1,000) 8. Trim back trees on north end of tennis court at Groveland Park. Park Foreman Recommendation. A 9. Trim bushes on south end of at Groveland Park. Park Foreman Recommendation. A 10. Catch basin east end of Hillview Park – repair or remove. Park Foreman Recommendation. A 11. Trim and prune all trees and bushes at Lambert Park. Park Foreman Recommendation. A 12. Repair/replace hockey boards and paint rink boards at Lambert Park. Park Foreman Recommendation. A 13. Baseball Field at Oakwood Park: fill in with Ag-lime. A 14. Toilet enclosure at Oakwood Park (remove). Park Foreman Recommendation. A 15. Trim up north end of Oakwood Park. Park Foreman Recommendation. A 16. Address drainage problems on ballfield at Oakwood Park. Park Foreman Recommendation. A 17. Iron railing at Random Park – fix or replace iron railing. This is in the 2003 budget A 18. Replenish woodchips (fiber-fill) play area at Silver View Park. Suggested during May 8, 2003 park tour. A 19. Perform general maintenance on the horseshoe pits at Silver View Park. Suggested during May 8, 2003 park tour.A 20. Paint building at Silver View Park. Park Foreman Recommendation. A 21. Install bridge for disc golf course at Silver View Park. Park Foreman Recommendation. A 22. Repaint inside of shelter at Silver View Park. Park Foreman Recommendation. A 23. Landscape on west side of parking lot at Silver View Park. Park Foreman Recommendation. A 24. Trim & prune trees and bushes all around parking lot at Silver View Park. Park Foreman Recommendation. A 25. Replace back stops on horseshoe pits at Silver View Park. Park Foreman Recommendation. A 26. Replace toilet enclosure at Silver View Park. Park Foreman Recommendation. A 27. Replace fiberfill in playground tot lot at Woodcrest Park. Park Foreman Recommendation. A 28. Paint/redo sign at Woodcrest Park. Park Foreman Recommendation. A 29. Blacktop repair at path entrance at Woodcrest Park. Park Foreman Recommendation. A 30. Develop a Parks (City) Facility Brochure A -2003 B. Budget (budgeted item for 2004, 2005, & 2006) 2004 (Total Cost estimate -$34,633) 1. Paint and repair City Hall pavilions. Park Foreman. B ($1000) 2. New tables in park and pavilions at City Hall. Park Foreman Recommendation. B (8 Tables, $7,000) 9. Install nets above back stop at Greenfield Park. Park Foreman Recommendation. B ($2400) 15. Add more picnic tables at Hillview Park. Suggested during May 8, 2003 park tour. B ($2,500) 17. Install grill by shelter at Hillview Park. Park Foreman Recommendation. B ($300) 18. Resurface roller blade rink at Hillview Park. Park Foreman Recommendation. B ($5,000-$7,000) 19. Add carpeting or some sort of floor covering at Lambert Park. Suggested at the May 22nd meeting. B ($2,000) 23. Replace picnic tables at Oakwood Park. Park Foreman Recommendation. B ($1 Table-$1,000) 24. Install chain-link fence on west end of field for soccer play at Oakwood Park. Park Foreman Recommendation B ($500) 26. Replace doors on building at Random Park. Park Foreman Recommendation. B ($600) 28. Install park bench at south end of playground at Random Park. Park Foreman Recommendation. B ($600) 29. Crack seal parking lot at Silver View Park. B ($1,520) (seal coat, included@ $6,533.00) 30. Replace the two grills at Silver View Park. Suggested during May 8, 2003 park tour. B ($800) 33. Add picnic tables by the basketball court / parking lot area at Silver View Park. Suggested during May 8, 2003 park tour. B ($800) 34. Add picnic tables by the playground area at Silver View Park. Suggested during May 8, 2003 park tour. B ($800) 40. Replace doors on shelter at Silver View Park. Park Foreman Recommendation. B ($800) 2005 (Total Cost estimate -$43,200) 4. Basketball Hoop of Greenfield Park: add to the court next to the tennis courts. Suggested during May 8, 2003 park tour. B ($1000) 5. Basketball Court of Greenfield Park: look at resurfacing it. Suggested during May 8, 2003 park tour. B ($1700) 6. Baseball Field of Greenfield Park: Increase the height of the fence ten feet (or 20’total) – right field to center field, tighten netting and re-string support line, raise spots on Ag-lime portions for the field, raise the low spots coming out of the dug outs. Suggested during May 8, 2003 park tour. B ($16,000) 7. Add Netting at Greenfield Park along the third baseline to address foul balls. Suggested at the May 22nd meeting. 11. Re-do volleyball court at Groveland Park. Replace standards. Park Foreman Recommendation. B ($500) 12. Resurface basketball and tennis courts at Groveland Park. Park Foreman Recommendation. B ($5,000) 16. Heavy-duty hockey nets at Hillview Park. Park Foreman Recommendation. B ($800) 20. Repair exterior & interior of building at Lambert Park. Park Foreman Recommendation. B ($1,000) 21. Replace broken sections of sidewalks at Lambert Park. Park Foreman Recommendation. B ($1,000) 25. Replace border on playground at Random Park. Park Foreman Recommendation. B ($2,200) 31. Perform tuck-pointing (fix / fill mortar joints) on the building and re-paint it at Silver View Park. Suggested during May 8, 2003 park tour. B ($2,000) 37. Resurface basketball court at Silver View Park. Park Foreman Recommendation. B ($5,000) 39. Replace trash receptacles around parking lot & near shelter as needed at Silver View Park. Park Foreman Recommendation. B ($2,000) 43. Greenfield Park play equipment B ($5,000) 2006 (Total Cost estimate -$44,900) 13. Replace rink and court lights with more efficient fixtures at Groveland Park. Park Foreman Recommendation. B (apx. $8,000) 14. Level pleasure rink area and plant with hardy seed at Groveland Park. Park Foreman Recommendation. B ($600-$800) 22. Playground equipment upgrade at Oakwood Park. Park Foreman Recommendation. B ($20,000+$4,000) 27. Repair storm drain in southwest corner of Random Park. Park Foreman Recommendation. B (Wait on Parking Lot) 32. Develop a proposal to treat the algae in Silver View Lake. 1.) Do nothing, 2.) Barley Straw Treatment, 3.) Bacterial Treatment. Suggested during May 8, 2003 park tour. B ($2,000) 35. Re-roof (shingle) building at Silver View Park. Park Foreman Recommendation. B ($7,000) 38. Central map for disc golf at Silver View Park. Park Foreman Recommendation. B ($600) 41. Repair storm drain in southwest corner at Woodcrest Park. Park Foreman Recommendation. B- storm sewer budget ($2500) DELETED ITEMS 3. Add concrete pad & picnic table on north side of the Community Center. Park Foreman Recommendation. B (Done, $1200) 8. Repair/sealcoat trail in Greenfield Park. Park Foreman Recommendation. B ($975.00) Pull: include in a pathway project 10. Take out black locust trees and replace with others at Groveland Park. Park Foreman Recommendation. B (Done in 2003, $2000- Tree Removal, $500-Stumps, See Steve for explanation) 36. Re-landscape islands at Silver View Park. Park Foreman Recommendation. B ($500) 42. Perform a City wide survey B On the November 3, 2003 City Council Work Session agenda to discuss 44. Silver View Path Pull: include in a pathway project C. Long Term (add to Capital Improvement Program) 1. Irrigation System at City Hall – add an irrigation system to the south, east, and west side for City Hall. Currently in CIP for 2005. C – 2005 2. Edgewood Drive Boulevard Project – place colored concrete or brick pavers between the curb and pathway on Edgewood Drive. Currently in CIP for 2006. C- 2006, possibly sooner 3. Playground replacement at City Hall. Park Foreman Recommendation. C- 2007 ($24,000-$25,000) (Fibarfill $6,000) 4. Community Center Parking Lot – redesign so the front ends of vehicles do not overhang the sidewalk. There is a drainage problem that needs to be addressed in front of the daycare. Add storm sewer catch basin and pipe it out to Bronson Drive. Currently in CIP for 2007. C- 2007 5. Tennis Courts of Greenfield Park – Clean up, crack seal surface, slurry coat, add a gate to the fence for maintenance purposes. Suggested during May 8, 2003 park tour. C – 2010 6. Look into developing a soccer field in the undeveloped area near Trunk Highway 10 of Greenfield Park. Suggested during May 8, 2003 park tour. C – 2009 7. Playground replacement of Greenfield Park. Park Foreman Recommendation. C- 2010 ($50,000-$55,000 Fibarfill $8,000) 8. Repair/sealcoat parking lot of Greenfield Park. Park Foreman Recommendation. C- 2011 ($2,500) 9. Replace security light with more efficient fixtures at Greenfield Park. Park Foreman Recommendation. C – 2006 10. Park Building at Groveland Park – replace existing building. Currently in CIP 2004 design / 2005 construction C – 2004 11. Playground replacement at Hillview Park. Park Foreman Recommendation. C – 2008 ($26,000+$6,000) 12. Park Building at Lambert Park – replace existing building. Currently in CIP 2010 design / 2011 construction C – 2010 13. Elevation on ballfield and repair drainage ditch at Lambert Park. Park Foreman Recommendation. C – 2007 14. Pave the pathway on the northwest corner of Hillview and Quincy at Oakwood Park. Suggested during May 8, 2003 park tour. C – 2007 15. Determine the feasibility of developing a small soccer field at the northwest corner of Hillview and Quincy at Oakwood Park. Suggested during May 8, 2003 park tour. C – 2006 16. Park Building at Random Park – replace existing building. Install ADA ramp and railing Currently in CIP 2006 design / 2007 construction C- 2006 17. Random Parking Lot – reconstruct the parking lot. Currently in CIP for 2008. C – 2008 18. Resurface parking lot at Silver View Park. Park Foreman Recommendation. C – 2008 19. Paved trail at Woodcrest Park. Park Foreman Recommendation. C – 2007 20. Skate Park – develop a skate park within the City. Currently in CIP for 2004. C – 2004 21. Skate Park Expansion– expand existing skate park. Currently in CIP for 2006. Assumes that a skate parks is constructed and successful. C – 2006 22. Pathway Construction – construct a pathway along the north side of County Road H from Edgewood Drive to west City limits. C- 2003 23. Pathway Construction – construct a pathway along the south side County Road 10 from where the existing pathway terminates by the Mermaid to Woodale Drive. C – 2003 24. Pathway Rehabilitation – re-construct and raise the elevation of the pathway along the north side that is adjacent to the wetland to the south east of Walgreen’s. This segment was constructed in the flood plain of the wetland and is periodically flooded. C- 2003 25. Pathway Construction – construct a pathway along Groveland Drive from County Road I to County Road 10. This would be done only with the reconstruction of Groveland Drive, which is currently included in the 2003 Street Improvement Project. Which side of the road it will be constructed has yet to be determined. C – 2004 26. Pathway Construction – construct a pathway along the north side of Hillview Drive between Hillview Park and Greenfield Park. Currently in CIP for 2004. (maybe do when Hillview Road is upgraded at some future date) C - ? Item No. 08I Type of Business: CA Meeting Date: April 12, 2004 Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Resolution No. 6220 Approving the Contract for Golf Professional Services Background The Bridges Golf Course has a need to engage the services of a Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis. Discussion The City desires to engage the services of a Golf Professional to administer private, semi- private, group lessons, and lessons for the Junior Golf program as necessary, on an interim basis to meet the demand at The Bridges Golf Course. Mr. Manthis has expressed his willingness to provide such services. The Professional shall perform private, semi-private, and group lessons and lessons for the Junior Golf program as necessary within his expertise. These services will be in the course of in the course of the golf season in addition to the full time Professional. These services will support an additional revenue source. It is understood between the parties that such services specifically may include use of the practice range for private lessons and use of the practice range and greens for the Junior Golf program. The agreement for professional services is attached as Exhibit A. Recommendation Staff recommends that the Council authorize a contract with Mr. Steve Manthis for professional services. Respectfully Submitted, Mary Burg, Golf Course Manager RESOLUTION NO. 6220 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving Agreement for Professional Services WHEREAS, the City of Mounds View Golf Course has a need to engage the services of a Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis; WHEREAS, There is a need to enhance the golf professional services to meet demand and enhance revenue; and, WHEREAS, Mr. Steve Manthis will provide such service through a well developed lesson program, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Agreement for Professional Services as set forth in Exhibit A. Adopted this 12th day of April 2004 . Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made, effective as of this 12nd day of April 2004, by and between the City of Mounds View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and Steve Manthis of the City of Coon Rapids, County of Anoka, Minnesota (hereinafter "Professional"). WITNESSETH: WHEREAS, City desires to engage the services of Professional to administer private, semi-private, and group lessons and lessons for the Junior Golf program as necessary, on an interim basis; and WHEREAS, Professional has expressed his willingness to provide such services; NOW, THEREFORE, the parties hereto do mutually agree as set forth below: A. Professional Services. Professional shall perform private, semi-private, and group lessons and lessons for the Junior Golf program as necessary within his expertise. It is understood between the parties that such services specifically may include use of the practice range for private lessons and use of the practice range and greens for the Junior Golf program. The Professional shall report directly to the Clubhouse Manager. B. Compensation. Professional will render services to City on a per lesson basis. The Professional will determine the cost for private, semi-private and group golf lessons. • For Private, Semi-Private and Group Lessons the Professional will pay the City 30% of revenues generated from fees for golf lessons provided by the Professional. Students will pay the City directly for lessons and the Professional will invoice the City for 70% of gross revenues generated from the golf lessons provided by the Professional. • For Junior Golf Lessons the independent contractor will receive $5.00 per student per lesson at the end of the eight-week program. C. Insurance. Professional shall maintain: 1. Workers' compensation insurance in compliance with all applicable statutes; and 2. Professional, automobile, contract, and general liability insurance in amounts and in forms satisfactory to City. D. Independent Contractor Status. All services provided by Professional pursuant to this Agreement shall be provided by Professional as an independent contractor and not as an employee of the City for any purpose, including but not limited to: 1. Income tax withholding; 2. Workers' compensation; 3. Unemployment compensation; 4. FICA taxes; 5. Liability for torts; and 6. Eligibility for employee benefits. E. Hold Harmless; Indemnification. The Vendor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may arise out of this Agreement for services provided by the Vendor hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on or immunities from liability set forth in Minnesota Statutes, Chapter 466, or otherwise. F. Termination. This Agreement shall continue in effect until its termination or renegotiation as provided herein. Either party hereto may otherwise terminate this Agreement by providing ten (10) business days written notice of its intent to so terminate to the other party. This Agreement may be renegotiated or otherwise amended at any time by mutual written agreement of the parties. G. Effective Date. This agreement shall be effective April 15, 2004 and shall continue through August 30, 2004. H. Data Practices Act Compliance. Data provided to Professional under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with statutory guidelines. I. Work Products. All records, information, materials and other work products prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of City. No such products shall be made available to any other individual or organization by Professional without prior approval of City. J. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between City and Professional, and supersedes any other written or oral agreements between City and Professional. This Agreement can only be modified in writing signed by City and Professional. K. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto. L. No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person or entity not a party hereto. M. Assignment. The rights and obligations of Professional pursuant to this Agreement are not to be assigned absent the written consent of the City. N. No Joint Venture or Partnership Created. This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. O. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. IN WITNESS WHEREOF, City and Professional have executed this Agreement the day and year first above written. CITY OF MOUNDS VIEW Dated: _________________ By: __________________________________ Jerry Linke, Mayor Dated: _________________ By: __________________________________ Kurt Ulrich, City Administrator PROFESSIONAL: Steve Manthis Dated: _________________ By: __________________________________ Item No: 9A Meeting Date: April 12, 2004 Type of Business: Public Hearing and CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Review Proposed PUD Amendment Regarding “Building N” in Mounds View Business Park Located at 5145 – 5151 Program Avenue Introduction: Bethlehem Baptist Church is requesting an amendment to the “Building N” Planned Unit Development (PUD) to add religious institution as a permitted use. This item was discussed at the April 5, 2004 work session. Bethlehem Baptist Church (BBC) has a signed purchase agreement with Michael Investments, the current owner of “Building N”. The site contains 6.89 acres and the existing building is 69,167 square feet. The building has been partially vacant since it was constructed five years ago. Although a formal PUD Agreement does not exist, Staff reports and other records indicate that the PUD is to be used as office/flex, with possible uses being office, laboratory, production, high tech assembly or storage uses. The Planning Commission discussed this request at two of their previous meetings. Although the Commission had many concerns about the financial implications, they are recommending approval from a land use perspective. Discussion: Zoning and Use Issues The Zoning Code allows religious institutions as conditional uses in residential districts. There are seven criteria that a church must meet to obtain a Conditional Use Permit. The site and existing building meet all the criteria for a Conditional Use Permit, including size, setback, parking and access. The criteria also addresses how the use fits into the comprehensive plan. The site is designated as a light industrial use in the comprehensive plan. While staff does not foresee a church having a negative impact on the surrounding properties, the proposed use is dissimilar to surrounding uses and would be inconsistent with the Comprehensive Plan and anticipated land uses within the PUD. Financial Issues There are many financial implications to consider for this request. Building N is part of Tax Increment Financing (TIF) District #1. The following is a break down of the total amount of money that is collected in taxes and administrative fees from Building N: The base tax capacity is $2,588, of which the City receives $981. For the development agreement, a “designated” base for the project was set at $22,342. The City collects 100% of the captured increment on the tax capacity between $2,588 and $22,342. The difference between the “designated” base and the base is $19,754, which is then multiplied by the tax capacity rate of 122.434%. The total captured increment collected by the City equals $24,186. The City also collects a 10% administration fee for any increment above the “designated” base of $22,342. In 2003, that amount was $5,224. Thus, if Building N were to be sold to a tax-exempt entity, the City would lose $29,410 of TIF and $981 in City taxes, for a total revenue loss of $30,391. PUD Amendment Report Building N April 12, 2004 Page 2 Service Fund. Recognizing the City’s concerns about revenue loss, BBC’s elders approved an annual $25,000 Mounds View Service Project Fund. The concept behind the Service Project Fund is that BBC sets up the fund within the church and each year the City and BBC would jointly identify items or projects for funding, up to $25,000. The items however would need to coincide with BBC’s mission and values. At the April 5, 2004 work session, there were many concerns about the way that the Service Project would be set up, including the fact that there was no assurance that BBC would continue to contribute the money, as the Service Project Fund agreement is not legally binding, and that there are stipulations attached to money. There were also concerns that at some point the City and BBC may not reach an agreement on which items the church will contribute to. A representative of BBC suggested that a default fund could be set up, whereby if the City and BBC were unable to agree on specific items, the money would automatically go to a designated fund, such as parks and recreation or another predetermined project. BBC prepared a list of items that they would be willing to contribute to. Jobs. In addition to the loss of TIF and tax revenue, as the Council pointed out at the April 5, 2004 work session, there is also the loss of jobs to consider and the loss of weekday traffic for other businesses in the community. In reaction to these concerns, representatives of BBC prepared some documents regarding the amount of traffic that the downtown church site generates during the week. Impact to Potential Future Uses Under Chapter 500 of the Municipal Code, allowing a church to locate in “Building N” would restrict buildings within five hundred feet of the property line of Building N from obtaining an intoxicating liquor license. Section 502. 04 Subdivision 2(c) states that a license will not be granted to a building within five hundred feet of a church or school unless the business receives 60% or more of it’s annual gross sales revenue from food sales. Attachment 3 of this report shows the buildings that would be affected by the five hundred foot buffer. The Planning Commission discussed Section 502.04 Subdivision 2(c) at their regular meeting on Wednesday, April 7, 2004 and will further review the topic and discuss the possibility of a code amendment at their next regular meeting on Wednesday, April 21, 2004. Community Feedback. Notices were sent to all property owners within three hundred and fifty feet (350’) of Building N. Staff received comments regarding the PUD amendment from some property owners in or around the Mounds View Business Park. The property owners are opposed to the PUD amendment because they feel that a business with employees present during the week will be more beneficial to the business community. Planning Commission Action. At their meeting on March 3, 2004, the Commission adopted Resolution 753-04 recommending approval of the PUD amendment. While the Commission had many concerns regarding the amendment including financial impacts, precedent, jobs and spin-off development, they recommended approval based strictly on land use perspective, in that the use would NOT be incompatible or adversely impacting the area. PUD Amendment Report Building N April 12, 2004 Page 3 Recommendation: There are three options for action associated with this item: Option 1. Deny the PUD amendment request. Resolution 6227 is attached if Council chooses this action. As the resolution is drafted, denial can be based simply on the basis that the use was not anticipated in this location and would be too dissimilar from adjoining uses to warrant the amendment. Option 2. Approve the PUD amendment request. If this option is preferred, staff would need to be directed to draft such a resolution for action at your next meeting. Option 3. Table action on this request if additional information is needed to render a decision as to the approval or denial of the PUD amendment. If this option or Option 2 is chosen, the City would need to notify the applicant in writing that an extension of the “60-day” timeline would be necessary. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Zoning Map 2. “Building N” Site Plan 3. 500’ Buffer of “Building N” Map 4. Planning Commission Resolution 753-04 5. Resolution 6227 Zoning Map Building N PUD Amendment Report Building N April 12, 2004 Page 5 PUD Amendment Report Building N April 12, 2004 Page 6 Building N PUD Amendment Report Building N April 12, 2004 Page 7 MOUNDS VIEW PLANNING COMMISSION RESOLUTION 753-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE MOUNDS VIEW BUSINESS PARK EAST PUD BY ADDING “RELIGIOUS INSTITUITION” AS AN ALLOWED USE ON LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION; MOUNDS VIEW PLANNING CASE PA04-001 WHEREAS, the Mounds View City Council approved the Mounds View Business Park East Planned Unit Development (PUD) on October 24, 1994; and, WHEREAS, the lot located at 5145 Program Avenue, legally described as Lot 1, Block 1; Mounds View Business Park East 2nd Addition, was approved by the Council for a office/industrial/flex use; and, WHEREAS, having been unable to lease the building with an office or industrial business, the developer wishes to amend the PUD Agreement by adding “religious institution” as an allowed use for the site; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. The lot in question, 5145 Program Avenue, is zoned Planned Unit Development (PUD) and the allowed use for the site is office/flex. 2. The building in question remains vacant and as such the developer has requested an amendment to the PUD to allow for a church to occupy the site. 3. The proposed use should not create an excessive burden on any public facilities or utilities that serve the area. 4. The property is bordered to the north and west by industrial/business uses. To the south and east is Program Avenue. The change of use should have no depreciatory affects upon this area. 5. The appearance of the structure will not have an adverse effect on the PUD in that the exterior of the building would receive only slight modification. PUD Amendment Report Building N April 12, 2004 Page 8 6. The use would not create traffic hazards or congestion because the traffic generated will be at complementary times from the surrounding uses. 7. Adequate utilities, access roads, drainage and necessary facilities have been provided. BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above finding of fact, does hereby recommend that the Mounds View Business Park East Planned Unit Development (PUD) be amended such that the use “Religious Institution” be added to those uses expressly permitted on Lot 1, Block 1, Mounds View Business Park East 2nd Addition. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 3rd day of March, 2004. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) PUD Amendment Report Building N April 12, 2004 Page 9 RESOLUTION NO. 6227 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING A REQUESTED AMENDMENT TO THE MOUNDS VIEW BUSINESS PARK EAST PUD TO ADD “RELIGIOUS INSTITUTION” AS AN ALLOWED USE ON LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK EAST 2ND ADDITION; MOUNDS VIEW PLANNING CASE PA2004-001 WHEREAS, Bethlehem Baptist Church has applied for a planned unit development amendment to add “religious institution” as a permitted use on land located west and north of Program Avenue, south of Woodale Drive and east of Highway 10; and, WHEREAS, the subject parcel is legally described as follows: Lot 1, Block 1, Mounds View Business Park 2nd Addition Ramsey County, State of Minnesota WHEREAS, the Mounds View City Council approved the Mounds View Business Park East Planned Unit Development (PUD) on October 24, 1994; and, WHEREAS, the lot located at 5145 Program Avenue was approved by the Council for a office/industrial/flex use; and, WHEREAS, the Comprehensive Plan guides the site for Light Industrial use, WHEREAS, the City Council has reviewed this request and has examined the potential adverse effects that could result from such an amendment. WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Planning Application 3. Planning Commission Resolution 753-04 4. Staff Report NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council hereby makes the following finding of fact related to the requested planned unit development amendment: PUD Amendment Report Building N April 12, 2004 Page 10 1. The lot in question, 5145 Program Avenue, is zoned Planned Unit Development (PUD) and the allowed use for the site is office/flex. 2. The proposed use would be in conflict with the Comprehensive Plan. 3. The property is bordered by industrial/business uses. The proposed use is inconsistent with surrounding uses. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council, based upon the above findings of fact and its review of the documentation presented, does hereby deny the proposed planned unit development amendment for Building N in Mounds View Business Park. Adopted this 12th day of April, 2004 _________________________________________ Jerry Linke, Mayor Attest: _________________________________________ Kurt Ulrich, City Clerk/Administrator (Seal) Item No: 9B Meeting Date: April 12, 2004 Type of Business: PH & CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 732, an Ordinance Authorizing the Transfer of Land from the City of Mounds View to the Mounds View Economic Development Authority Introduction: The City is currently working with Pro Craft Homes to create a single-family residential development on and south of County Road H2 in the southwest corner of the City. The City owns three lots within the project area and the Mounds View Economic Development holds title to a fourth parcel. (Pro Craft holds purchase agreements on the remaining lots with a private landowner.) Discussion: The City Attorney is recommending that the city owned & controlled lots come under one ownership umbrella for ease in subsequent title conveyance to the developer. The Attorney further recommends the parcels be held by the EDA which would necessitate the City adopting the attached ordinance to transfer the land consistent with the City Charter provisions. The attorney has reviewed the attached ordinance and finds it to be in proper form and consistent with Charter requirements. Recommendation: Hold the public hearing and consider the second reading and adoption of Ordinance 732. Respectfully submitted, ________________________ Jim Ericson Community Development Director 763-717-4021 ORDINANCE NO. 732 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AUTHORIZING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF MOUNDS VIEW TO THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix D of the Mounds View Municipal Code entitled “Special Ordinances” is hereby amended to include reference to the following Ordinance 732. Subdivision 1. The City of Mounds View owns three parcels of land on County Road H2 in Ramsey County, Minnesota, the legal descriptions of the property being as follows: Knollwood Park Lots 34, 36 and the south 500 feet of Lot 35, Ramsey County Subdivision 2. It is the desire of the City to transfer ownership of the three parcels to the Mounds View Economic Development Authority to consolidate parcel ownership within one municipal entity. Subdivision 3. The City anticipates that the Mounds View EDA will enter into subsequent Purchase and Redevelopment Agreement with a third party to develop a single family residential subdivision. Subdivision 4. The City Council has determined that conveyance of the City property will further the public interest. Subdivision 5. As provided by Section 12.05 of the City Charter, the City Council authorizes conveyance of the above-referenced property to the Mounds View Economic Development Authority, for one dollar ($1.00) and other good and valuable consideration, the receipt of which is acknowledged by the City. Subdivision 6. The City Council authorizes and directs City staff and consultants to take any and all necessary action to prepare the appropriate documents and/or agreements to facilitate the directives and intent of the City Council as provided herein. SECTION 2. This ordinance is effective thirty days after its publication. Ordinance 732 Page 2 Read by the City Council of the City of Mounds View this 22nd day of March, 2004. Read and passed by the City Council of the City of Mounds View on this 12th day of April, 2004. _______________________________________ Jerry Linke, Mayor ATTEST _______________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) APPROVED AS TO FORM: _______________________ City Attorney Item No: 9C Meeting Date: April 12, 2004 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Item Title/Subject: Resolution No. 6219 Approving the Purchase of Bobcat Skidsteer Background The Bridges Golf Course has the need for a skidsteer. This is an extremely versatile piece of equipment. It is known as an indispensable implement for any labor intensive operation. A skidsteer is an asset and labor saving device in golf operations. This piece of equipment not only saves money by the labor saved, it has the potential to avoid personal injury to staff. Discussion The Mounds View City Council approved the purchase of a Bobcat skid steer loader in the 2004 Golf Course budget. The City has been taking advantage of a state-offered program that allows government agencies to replace the City’s skidsteer loaders on an annual basis. This has been an ongoing program for the last five years in our Public Works Department. This is a cost saving program as there will be little or no future maintenance costs associated with this piece of equipment. If this purchased is approved, it will be purchased under state contract and will retain a full one-year warranty. The state program allows governmental agencies the opportunity to purchase new skid steer loaders at state contract prices. It also offers high trade-in value on previously purchased loaders. The program replaces the loader annually with a new loader, thus the warranty is ongoing. The Bridges Golf Course has the need to for a skid-steer. This is an extremely versatile piece of equipment. It is known as an indispensable implement for any Public Works or maintenance operation. A skidsteer is a as much needed asset and labor saving device in the golf operation. The work that is reduced by the use of this piece of equipment will save time and eliminate some manual labor tasks. In addition to the labor saving costs its use will diminish the risk of personal injury. Specifically, for example, the workers have to handle upwards of seven tons of fertilizer annually. The fork loader will reduce the potential of worker back injury, which in turn is associated directly to the worker compensation premiums. The S185 Turbo Bobcat model Skidsteer Loader is capable of loading trucks and numerous landscaping and grounds keeping tasks. To ensure that the City has an adequate sized loader that will effectively and efficiently load trucks and perform other larger jobs, staff recommends the S185 model. It is slightly smaller than the Public Works Department Models, but would be appropriate for the golf operation. Staff looked carefully at the purchase of second-hand equipment. However, the state pricing would no longer apply to used equipment. The initial cost actually increased. The state replacement program would no longer be applicable. The future maintenance cost would be assumed by the golf course as the used skid loader would not be part of the trade back program and ongoing annual warranty. The Kabota trade in value was $9,000. Staff has received an offer to purchase the 1998 Kabota for $ 10,600 from an interested party. The Golf Course staff quote is as follows:  Bobcat loader (S185 Model) $ 22,098.00  Less Sale of 1998 Kabota Tractor ($10,600) Sub Total $ 11,498.00 Sales Tax $ 1436.37 TOTAL $ 12,936.37 The Public Works Department and the Golf Course discussed the opportunity to share a skidsteer. However, the demand time by each department coincides with each other. It would not be feasible to make that an option. If approved, the unit will be purchased under state contract and will retain a full one-year warranty. Recommendation: Staff recommends that the City Council approve the purchase of a S185 Model Bobcat skidsteer loader, to be purchased under state contract in the amount of $23,534.37. It is also requested the Council and approve the sale of the 1998 Kabota Tractor. The sale price is at $10,6000.00. The payment of the balance of $12,936,37 to Tri-State Bobcat. Respectfully Submitted, Mary Burg Golf Course Manager RESOLUTION NO. 6219 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF A REPLACEMENT BOBCAT SKIDSTEER LOADER WHEREAS, the City had previously participated in a state skidsteer replacement program; and WHEREAS, said program allows governmental agencies the opportunity to purchase new skidsteer loaders at state contract prices; and WHEREAS, the City seeks to replace the currently owned Kabota Tractor model with the S185 Bobcat model; and WHEREAS, purchase of this S185 Bobcat skidsteer loader was budgeted for in 2004; and NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the purchase of a S185 Model Bobcat skid steer loader, to be purchased under state contract in the total amount for a of $23,534.37 and approve the sale of the Model 1998 Kabota Tractor loader currently owned by the City at $10,600.00. Including tax, this represents a total cost of $ 12,936.37. Adopted this 12th day of April, 2004. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 9D Meeting Date: April 12, 2004 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6215 Approving Transfers Between Funds for the Year 2003 This item was first presented at the March 22 City Council meeting, but was held over to the April 12, 2004 meeting. Since then, one change has been discovered as the result of audit fieldwork. In the original allocation of the December property tax settlement, a deduction for a tax court petition was allocated entirely from the General Fund’s tax receipts. A portion of it should have been deducted from TIF District #1’s tax receipts. Correcting this moves $148,795.00 from TIF District #1 to the General Fund. As a result, the General Fund has a larger surplus and I have increased its transfer to the Special Projects Fund. The attached resolution approves transfers between funds for the year 2003. Many of the transfers are in the amount originally approved in the 2003 budget. In several cases, operating results during 2003 dictate that a different amount be transferred. The General Fund operations from 2002 produced a surplus of $1,047,972 that was held in the General Fund in anticipation of budget cuts from the State of Minnesota. This resulted in a fund balance that exceeds the high end of the range recommended by the Office of the State Auditor. That range is 30% to 50% of the next year’s budgeted expenditures. In order to avoid prolonged criticism from the Auditor, I am recommending a series of steps to reduce the balance in the General Fund. First of these is to cancel all budgeted 2003 transfers from other funds into the General Fund. This will help the other funds that also have budgetary stresses of their own. The second step is to make several transfers from the General Fund to other funds as of December 31, 2003. These are designed to correct deficiencies in other funds or to make resources available where they will most benefit the City. Community Center operations suffered during 2003 due to the cost of changing banquet center managers and the cost of damage from the lighting strike in June. Insurance may cover most of the damage, but that hasn’t been settled yet. The Community Center should also be building a reserve to pay for future, major repairs such as replacing a roof, furnace, parking lot, or other significant building structures. The YMCA contract calls for this reserve to be built at the rate of $20,000 per year. An extra $100,000 is included the 2003 transfer to make up for the years 1999 through 2003. We recently completed the first ever analysis of the Vehicle and Equipment Replacement Fund. It was not surprising that the funding was deficient since it wasn’t know in the past what level of transfers should be made to the fund. It is proposed to transfer $260,000 in addition to the budgeted $75,000 to meet this need. Two transfers from the General Fund to the Special Projects Fund should be made. The first was approved by the City Council in Resolution 6151, which positioned $43,745 to be available in 2004 for the acquisition of the police records management system. Second, is a transfer of $960,000 to get the General Fund’s balance down to the level recommended by the Auditor. This also positions resources where the City Council can best utilize them in the future on large capital projects. Transfers from the TIF Districts to the EDA can be forgone in 2003 because large sums were spent for the Edgewood Regional Pond in 2001, but the grants intended to cover that spending didn’t come in. The grants were received in 2002, which then covers other normal EDA spending in 2002 and 2003. No transfer from the TIF Funds to the EDA Fund is needed in 2003. The transfer from the TIF District #1 to the Bonds of 2001A is greater than budget because it is calculated based upon a percentage of taxes collected on the Mermaid and these were greater than expected. Respectfully Submitted, ____________________ Charles Hansen RESOLUTION NO. 6215 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2003 WHEREAS, the City adopted budgets for various funds for 2003 that included inter-fund transfers for various purposes; and WHEREAS, the City Council previously approved Resolution 6151 providing for a transfer from the General Fund to the Special Projects Fund of $43,745 related to the acquisition of the Police records management system; and WHEREAS, for a transfer from the General Fund to the Special Projects Fund of $960,000 will provide funding for high priority capital projects in the future; and WHEREAS, the Community Center operated at a loss during 2003 and so needs a larger transfer than what was originally budgeted; and WHEREAS, there is a need to build a reserve account within the Community Center for future major repairs; and WHEREAS, there is a need to build the reserve account within the Vehicle and Equipment Fund to the level determined by the fleet analysis; and WHEREAS, the Economic Development Authority received state grants during 2002 in reimbursement of moneys spent in 2001 on the Edgewood Regional Pond and so doesn’t need transfers from the Tax Increment Financing Districts in 2003; and WHEREAS, the T.I.F. District #1 received higher tax payments than anticipated and is obligated to transfer them to the Bonds of 2001A debt service fund. Resolution 6215 Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2003 are hereby approved in the amounts listed in the Actual column: Budgeted Actual From T o Amount Amount Water Fund General Fund $ 48,850 -0- Sewer Fund General Fund 38,690 -0- Vehicle & Equip General Fund 345,000 -0- Special Projects General Fund 90,000 -0- Golf Course General Fund 15,000 -0- General Fund Community Center 100,000 300,000 General Fund Vehicle & Equipment 75,000 335,000 General Fund Special Projects -0- 1,003,745 Water Fund Vehicle & Equipment 30,000 30,000 Sewer Fund Vehicle & Equipment 30,000 30,000 T.I.F. Dist. #1 Economic Dev. Auth. 231,443 -0- T.I.F. Dist. #3 Economic Dev. Auth. 231,443 -0- T.I.F. Dist. #1 T.I.F. Bonds 01A 73,250 96,723 T.I.F. Dist. #1 T.I.F. Bonds 96B 109,118 109,118 T.I.F. Dist. #2 T.I.F. Bonds 96A 181,496 181,496 T.I.F. Dist. #3 T.I.F. Bonds 96A 218,274 218,274 Passed and adopted this 12th day of April, 2004. ATTEST: _____________________________ Jerry Linke, Mayor (SEAL) _____________________________ Kurt Ulrich, City Administrator Item No. 9E Meeting Date: April 12, 2004 Type of Business: Council Business Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6216 Authorizing Inter-fund Loans for the Year 2003 and Setting an Interest Rate on Inter-fund Loans for the Year 2004 This item was first presented at the March 22 City Council meeting, but was held over to the April 12, 2004 meeting. Since then, one change has been discovered as the result of audit fieldwork. In the original allocation of the December property tax settlement, a deduction for a tax court petition was allocated entirely from the General Fund’s tax receipts. A portion of it should have been deducted from TIF District #1’s tax receipts. Correcting this moves $148,795.00 from TIF District #1 to the General Fund. As a result, TIF District #1 will have to reduce the payment it makes on its internal loan from the Community Fund and a larger loan balance remains at the end of 2003. Resolution 5968 approved loans between funds as of December 31, 2002 and set the interest rate on all loans at 4.0% for the year 2003. Balances as of December 31, 2002 were as follows: Fund Extending Loan Fund Receiving Loan Loan Amount Community Fund TIF District #1 $1,818,910 Special Projects Fund Recycling Fund 2,686 Special Projects Fund Municipal State Aid Fund 100,821 Special Projects Fund Golf Course Fund 461,058 Vehicle & Equipment Fund Golf Course Fund 306,828 Water Fund Golf Course Fund 250,000 TOTAL: $2,940,303 I am proposing to change the organization of inter-fund loans as of December 31, 2003. This will to return money to the Water Fund and the Vehicle Fund to meet the intended purposes of those funds. It will also reduce loans from the Special Projects Fund so that more money will be available for capital projects that are dependant on that fund. The Community Fund will become the source of loans to the Golf Course in place of the Special Projects Fund. The Community Fund is experiencing the rapid repayment of the loan it has extended to TIF District #1. Fund Extending Loan Fund Receiving Loan Loan Amount Community Fund TIF District #1 $964,746 Community Fund Golf Course Fund 1,330,808 Special Projects Fund Recycling Fund 398 Special Projects Fund Municipal State Aid Fund 115,260 TOTAL: $2,411,212 The attached resolution authorizes the continuation through 2004 of inter-fund loans existing on December 31, 2003. Loan balances are adjusted as of December 31, 2003 to reflect 2003 operations. The MSA Construction Fund has suffered from a failure by the City’s engineer, S.E.H., to get timely or complete reimbursements of MSA money from the State of Minnesota. This is of great concern to me because the City has lost thousands, if not tens of thousands of dollars of interest earnings on money left at the State. There is also a risk that the State may decide to unallot MSA money and the City might never get reimbursed for some costs. TIF District #1 was able to repay a large part of its loan from the Community Fund during 2003 due to reduced debt service payments following the final payment on the TIF bonds of 1994. The loan to the Recycling Fund continued in 2003 because there again was a delay in getting the recycling grant from Ramsey County, although the amount decreased. The loan to the Golf Course Fund needs to increase by $312,922 in order to maintain the $309,000 cash reserves required by the bond covenants. It also authorizes new inter-fund loans as needed from the Community Fund to the TIF Districts up to the cash balance of $213,688 in the Community Fund. This meets a requirement in state law that inter-fund loans to TIF Districts be approved in advance by the City Council. TIF District #1 should have an operating surplus in 2004 and pay back most, or all, of its loan. TIF District #2 should have a surplus and TIF District #3 should about break even. However, it is possible that new projects or unforeseen evens could cause any of the TIF Districts to need to initiate loans. The resolution also sets an interest rate of 3.0% on all inter-fund loans for the year 2004. This is a reduction from the 4.0% rate in 2003 and is more in line with interest rates available in the market this year. Respectfully Submitted, Charles Hansen RESOLUTION NO. 6216 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ATHORIZING INTERFUND LOANS FOR THE YEAR 2003 AND SETTING AN INTEREST RATE ON INTER-FUND LOANS FOR THE YEAR 2004 WHEREAS, various inter-fund loans existed on December 31, 2002; and WHEREAS, operations during 2003 required adjustments to the balances of existing loans and the creation of some new loans; and WHEREAS, there might be operating deficits in some TIF Funds during the year 2004 that will require additional inter-fund loans from the Community Fund. NOW, THEREFORE BE IT RESOLVED, THAT the following inter-fund loans are authorized as of December 31, 2003 and that they be authorized to continue through 2004: Fund Extending Loan Fund Receiving Loan Loan Amount Community Fund TIF District #1 $964,746 Community Fund Golf Course Fund 1,330,808 Special Projects Fund Recycling Fund 398 Special Projects Fund MSA Construction Fund 115,260 BE IT FURTHER RESOLVED THAT additional loans of up to $213,688 may be made from the Community Fund to any of the TIF District Funds, as needed, to cover operating deficits during the year 2004. BE IT FURTHER RESOLVED THAT all inter-fund loans shall pay interest at a rate of 3.0% during the year 2004. Adopted this 12th day of April 2004. ATTEST: ________________________________ Jerry Linke, Mayor (SEAL) ________________________________ Kurt Ulrich, City Administrator Item No. 09H Type of Business: CB Meeting Date: April 12, 2004 City Administrative Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Consideration of Resolution 6226 Authorizing the Hire of Charles Preisler to the Position of Intern within the Community Development Department Introduction: On February 9, 2004, the City Council adopted Resolution 6183, which authorized staff to advertise to fill an internship position within the Community Development Department. Discussion: An announcement for the internship position was posted with the League of MN Cities, on the City’s website and with local technical schools offering building inspection programs. Seven individuals applied for the opening, all of whom had some level of education training in the inspections field. Interviews were held with four individuals having additional practical and trade experience. Of the four individuals interviewed by myself and Building Official Osmonson, one person stood out as being the most qualified for the position, that being Charles Preisler. Mr. Preisler has 25 years of experience in the construction industry and is currently enrolled at both Inver Hills and North Hennepin schools in the building inspection (BIT) program and is working toward a certification in the field. References have been checked and results are very positive. If his hire is approved, Mr. Preisler’s start date would be April 13, 2004 and his employment would be classified as part time, temporary. Mr. Preisler’s employment would last for no more than 26 weeks from the date of hire and would be limited to no more than 40 hours per pay period. The offered rate of pay is $11.00 per hour. Recommendation: Staff recommends the Council approve Resolution 6226 authorizing the hire of Charles Preisler to the position of intern within the Community Development Department. Respectfully Submitted, Jim Ericson Community Development Director RESOLUTION NO. 6226 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE HIRE OF CHARLES PREISLER TO THE PART-TIME, TEMPORARY POSITION OF INTERN WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS , the Mounds View City Council has given direction to advertise for the position of Intern within the Community development Department; and, WHEREAS, the position was posted and the City received seven qualified applications; and, WHEREAS, Charles Preisler possesses the necessary background, training and skills to perform the duties assigned to this temporary, part-time position; and, WHEREAS, Mr. Preisler shall be compensated at the rate of $11.00 per hour not to exceed 40 hours per pay period; and, WHEREAS, Mr. Preisler’s employment shall begin on or after April 13, 2004 and terminate no later than October 12, 2004. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the hire of Charles Preisler to the part-time, temporary position of intern within the Community Development Department. Adopted this 12th day of April, 2004. ______________________________________ Jerry Linke, Mayor ATTEST: ______________________________________ Kurt Ulrich, City Administrator (seal) Item No. 9I Meeting Date: April 12, 2004 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6228 Adopting the VantageCare Retirement Health Savings Program Overview: The staff has been investigating retirement health savings (RHS) programs as an additional benefit for the employees. The plan from the International City Manager’s Association (ICMA) Retirement Corporation appears to offer the most in terms of flexibility for the City and its employees. RHS is a City sponsored program that allows employee to accumulate assets on a tax free basis to pay for medical expenses of the employee, their spouse, and their dependents after the employee retires. Assets are in most cases put into the plan tax free, accumulate earnings on a tax deferred basis, and are withdrawn tax free if used for qualified medical benefits. An example would be a long time employee who is retiring and is eligible for a $10,000 cash payout of unused vacation and sick time. This will cost the City $10,765 because of the 7.65% employer’s share of the social security tax. The employee will receive substantially less than $10,000 because they will pay income taxes and the employee’s share of the social security tax. If the same employee were to elect to put the $10,000 into the RHS, it would cost the City $10,000, because the social security tax wouldn’t have to be paid. The employee would get $10,000 into their account because they wouldn’t have to pay social security or income taxes. It would be invested tax deferred and could be paid out tax free if used for qualified medical benefits. Adoption: It is ICMA’s recommendation that the City adopt the RHS plan in its broadest form. This would allow contributions like the one described above as well as many others. The City may not want to allow all the possible kinds of contributions because some of them would cost the City money that it wouldn’t otherwise pay out. The RHS plan documents will specify that the allowable forms of contribution will be defined by the City’s personnel manual and by labor contracts. This way, the City can start with a limited set of contributions and add others at the City’s choice without having to amend the RHS plan documents. Examples of other possible contributions: Employee pre-tax contributions: An employee may elect to contribute a percentage of their annual pay to the plan. Once this election is made, it can never be changed. ICMA only recommends this for employees who are near to retirement. The City would save social security tax on these contributions. Unused leave: The City could allow employees to contribute a portion of their next year’s vacation or sick leave to the plan. The employee could make this election each year for the next year’s contribution. This would result in the City paying out cash that it otherwise might not pay out until several years later. The City would save its share of the social security tax and this could be a solution to the situation of employees who have more than 960 hours of sick time on the books. There could be a formula where X hours of sick time converts into one hour of contribution into RHS. Matching contributions: The City could make a direct employer contribution to match employee contributions. This is more common in the private sector. Recommendation: It is recommended that the City Council adopt the attached Resolution 6228 to implement the RHS plan. The effective date could be June 1st or July 1st, depending upon consultations with ICMA and the time needed to execute and exchange documents. Addendums to the labor contracts will need to be negotiated and the personnel manual amended to define the contributions that will be allowed. Respectfully Submitted, Charles Hansen RESOLUTION NO. 6228 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PROGRAM WHEREAS, the City of Mounds View wishes to provide benefit options to employees that maximize the value of compensation from the City; and WHEREAS, the establishment of a retirement health savings program allows the employees to provide a resource to meet their health needs during retirement with a flexible system based on tax advantages for the City and the employees; and WHEREAS, the retirement health savings program is a valuable benefit that assists in the attraction and retention of competent employees. NOW THEREFORE, BE IT RESOLVED, that the City Council adopts the Plan in the form of the ICMA Retirement Corporation’s VantageCare Retirement Health Savings Program. BE IT FURTHER RESOLVED, that assets of the Plan shall be held in trust, with the City of Mounds View serving as trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. BE IT FURTHER RESOLVED, that the City Council authorizes the Mayor to sign the Declaration of Trust of the City of Mounds View Integral Part Trust in the form of the model trust made available by the ICMA Retirement Corporation. BE IT FURTHER RESOLVED, that the City’s Finance Director shall be the coordinator and contact for the Plan and shall receive necessary reports and notices. Adopted this 12th day of April 2004. ATTEST: Jerry Linke, Mayor (SEAL) Kurt Ulrich, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 22, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:15 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick (absent), Marty (absent), Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, March 22, 2004 City Council Agenda. 20 21 City Administrator Ulrich requested that items B, C, G, and K be removed from the Agenda 22 since two members of Council are absent this evening. 23 24 MOTION/SECOND: Stigney/Gunn. To Approve the Monday, March 22, 2004 Agenda as 25 Amended. 26 27 Ayes – 3 Nays – 0 Motion carried. 28 29 Mayor Linke explained that the City’s Charter requires a unanimous vote of the three members 30 when operating under a quorum and that is why some of the items were removed from the 31 Agenda. 32 33 5. PUBLIC INPUT 34 35 David Jahnke of 8428 Eastwood Road said he saw another loan for the golf course on the 36 Agenda and asked whether the City is giving the golf course more money to operate this year. 37 38 Mayor Linke indicated it is the same thing discussed at budget time and the items on the agenda 39 would rearrange the financing as recommended by the Finance Director. 40 41 Mr. Jahnke asked if they want more money. 42 43 Mayor Linke indicated that the fund transfer is for $300,000 to maintain the cash on hand 44 required by the bond. 45 Mounds View City Council March 22, 2004 Regular Meeting Page 2 1 Mr. Jahnke asked if anyone has looked into getting the City out of the golf course. He then said 2 that this has been going on for years and no other business that he has ever heard of continues to 3 lose this much money year after year. He further commented that the City of Mounds View got 4 into the golf business and it continues to cost residents more and more each year. 5 6 Mayor Linke indicated that Council has not looked into it or discussed it. He then said that the 7 billboards are still in process and that should help. 8 9 Mr. Jahnke commented that the City Administrator has said that even with the billboards it may 10 not be possible to make money. 11 12 Mayor Linke commented that the City needed to look into it. He then said that the current golf 13 course manager is doing a good job of watching expenses and managing the course. 14 15 Mr. Jahnke said that he is concerned that the City continues to throw money at the course without 16 so much as a plan to get the course out of debt. He further commented that even when a business 17 files for bankruptcy there is a plan for getting out of debt. 18 19 Mr. Jahnke asked if it was true that the City is going to help build a fire station. 20 21 Mayor Li nke explained that it was a proposal at this time. 22 23 Mr. Jahnke asked Council to look into the debt at the golf course and a plan to get out of debt, if 24 it is possible. He then said there is going to be an 18-hole course in the backyard and he does not 25 think the citizens of Mounds View should be paying to run a golf course. 26 27 Council Member Stigney asked consent to give direction to the City Administrator to look into 28 the situation at the golf course and see what type of alternate plans there could be for the golf 29 course. 30 31 There was Council consent to do so. 32 33 Dan Mueller of 8343 Groveland Road thanked Council and the Chief for the work on the traffic 34 issues on Groveland. He further commented that it made a big difference and the neighborhood 35 is appreciative. 36 37 Fire Chief Zikmund appeared before Council and read a press release released by the Fire 38 Department concerning a duplex fire where two firefighters had to enter the structure with the 39 thermal imaging camera to locate a juvenile boy. The boy was located and resuscitated on site 40 and is expected to make a full recovery. 41 42 Fire Chief Zikmund indicated that without that camera the boy would not have made it and 43 thanked Council for its contribution toward the purchase of the camera. He then noted that over 44 Mounds View City Council March 22, 2004 Regular Meeting Page 3 the Department’s 60 years of existence they have not pulled a person out of a fire and had them 1 live. 2 3 Fire Chief Zikmund commended the police officers and fire fighters for their efforts at the scene 4 indicating that the two fire fighters chose to enter a working structure fire without a hose line in 5 order to save the boy who was within a couple of minutes of death. He finished his comments by 6 saying that there was no fire death today due to the efforts of the fire fighters at the scene. 7 8 Mayor Linke asked for more information on the officials on scene so that the City could present 9 them with an award for their heroism and life saving efforts. 10 11 6. SPECIAL ORDER OF BUSINESS 12 13 A. Resolution 6218, Commitment to Resolving Human Rights and Terrorism 14 Issues in the Community 15 16 City Administrator Ulrich indicated this Resolution came out of a joint meeting with the School 17 District concerning vandalism at Mounds View High and Irondale that appears to be racially 18 motivated and threatening in nature. 19 20 City Administrator Ulrich read Resolution 6218, a Resolution of Commitment to Resolving 21 Human Rights and Terrorism Issues in the Community. 22 23 MOTION/SECOND: Gunn/Stigney. To Approve Resolution 6218, a Resolution of 24 Commitment to Resolving Human Rights and Terrorism Issues in the Community. 25 26 Ayes – 3 Nays – 0 Motion carried. 27 28 7. JUST AND CORRECT CLAIMS 29 30 A. Just and Correct Claims 31 32 Council Member Stigney asked for clarification of the payment to the North Suburban Cable 33 Commission. 34 35 Finance Director Hansen explained that it is the payment that the City makes to the cable 36 television commission in exchange for the programming and support that they provide to the 37 City’s cable television department. He further noted that the money comes out of the franchise 38 fees. 39 40 Council Member Stigney asked whether the City retains some franchise fees or if it all goes out. 41 42 Finance Director Hansen indicated the amount in the fund is $75,000 to $80,000 and this is only 43 $19,888. 44 45 Mounds View City Council March 22, 2004 Regular Meeting Page 4 MOTION/SECOND: Stigney/Gunn. To Approve Just and Correct Claims as Presented. 1 2 Ayes – 3 Nays – 0 Motion carried. 3 4 8. CONSENT AGENDA 5 6 A. Licenses for Approval 7 B. Resolution 6201, a Resolution Approving Plans and Specifications, 8 Authorizing to Advertise for Bids, Setting a Bid Date, Approving and 9 Authorizing the Execution of a Joint Powers Agreement with the City of 10 Spring Lake Park, Authorizing the Acquisition of Easements (if necessary) 11 for the 2003 Street Improvement Project 12 C. Set a Public Hearing for 7:05 p.m., Monday, April 12, 2004 for a PUD 13 Amendment Request to add Religious Institution as a Permitted Use on the 14 Building N Parcel 15 D. Resolution 6208 Authorizing Staff to Submit a Grant Application to Ramsey 16 County for CDBG Funding on the Mounds View Manufactured Home Park 17 Second Access Project 18 E. Resolution 6210, Purchasing a Bobcat Skidsteer for the Golf Course 19 F. Resolution 6211 Agreement for Professional Services with PGA Professional 20 Jim Manthis 21 G. Resolution 6212 Authorizing the Preparation of a Feasibility Report and 22 Consultant Selection for the Silver Lake Road Sidewalk Project 23 H. Resolution 6213 Approving the Contract Award for the 2004 Tree Removal 24 Program 25 I. Resolution 6214 Approval for Police Department to Hire Replacement PSO 26 J. Resolution 6209 Approval for a Sprayer for the Golf Course 27 K. Set a Public Hearing for 7:10 p.m., Monday, April 12, 2004 to Consider an 28 Ordinance Approving a Transfer of Properties from the City of Mounds 29 View to the Mounds View Economic Development Authority 30 31 Council Member Stigney requested that Item E be removed for discussion. 32 33 Mayor Linke requested that Item I be removed for discussion. 34 35 MOTION/SECOND: Gunn/Stigney. To Approve Consent Agenda Items A, B, C, D, F, G, H, J 36 and K as Presented. 37 38 Ayes – 3 Nays – 0 Motion carried. 39 40 E. Resolution 6210 Purchasing a Bobcat Skidsteer for the Golf Course 41 42 Council Member Stigney asked whether it was really necessary to purchase equipment for the 43 golf course in light of the financial situation of the course. 44 45 Mounds View City Council March 22, 2004 Regular Meeting Page 5 Golf Course Manager Burg indicated that her justification for purchasing the bobcat is that it 1 would be a labor saving device and would save the course in paying people to do the jobs that 2 this machine could do. She then said that the course has two tractors and only needs one that she 3 would like to sell to recoup some of the cost of the purchase of the bobcat. 4 5 Council Member Stigney asked why the course has two tractors if one is not needed. 6 7 Golf Course Manager Burg indicated the two tractors were before her time and she is not sure 8 why it is needed. She then said that the one tractor was purchased to attach to the machine that 9 breaks up compacted soil. 10 11 Council Member Stigney commented that he feels the sprayer is the more needed piece of 12 equipment and he would like to hold off on the bobcat purchase. 13 14 Golf Course Manager Burg indicated the bobcat is a labor saving device but they could continue 15 to operate the way they are. She then said that the golf course’s biggest expense is the cost of 16 labor and recommended the purchase as a labor saving measure. 17 18 MOTION/SECOND: Gunn/Linke. To Waive the Reading and Approve Resolution 6210, a 19 Resolution Approving the Purchase of a Bobcat Skidsteer for the Golf Course. 20 21 Council Member Stigney said he feels that the City needs to look at the type of expenditures out 22 at the course and he feels that going with the essential equipment, the sprayer, is sufficient at this 23 time. He then said he does not support the purchase of the bobcat at this time. 24 25 Mayor Linke indicated he supports it because labor is a big cost for the City and this equipment 26 would save the City money in the long run. 27 28 Ayes – 2 Nays – 1(Stigney) Motion failed. 29 30 I. Resolution 6214 Approval for Police Department to Hire Replacement PSO 31 32 Mayor Linke asked whether there would be an exit interview. 33 34 Deputy Chief Brennan explained that the person leaving is in school to be a police officer and he 35 has the opportunity to increase the hours he commits to that and he has part time job somewhere 36 else as well as a family. 37 38 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6214, a 39 Resolution of Approval for Police Department to Hire Replacement PSO. 40 41 Ayes – 3 Nays – 0 Motion carried. 42 43 Mounds View City Council March 22, 2004 Regular Meeting Page 6 9. COUNCIL BUSINESS 1 2 A. Second Reading and Adoption of Ordinance 731, an Ordinance Adopting the 3 International Property Maintenance Code and Establishing a New 4 Registration Fee Structure. 5 6 Mr. Anderson recommended that Council review the base fees toward the end of the year at the 7 time of the consideration of the adoption of the 2005 fee schedule. 8 9 MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Approve the Second Reading, and 10 Adopt Ordinance 731, an Ordinance Adopting the International Property Maintenance Code and 11 Establishing a New Registration Fee Structure. 12 13 Mayor Linke asked Staff to provide only one full copy of the documents and then replacement 14 pages if changes are made in an attempt to save time and paper. 15 16 Community Development Director Ericson pointed out that this is the first opportunity the City 17 has had to implement a new charter revision adopted last year whereby the City is no longer 18 obligated to publish the entirety of the ordinance in the newspaper. He then said that a summary 19 would be published and the Ordinance will be available on the website. 20 21 ROLL CALL: Linke/Stigney/Gunn. 22 23 Ayes – 3 Nays – 0 Motion carried. 24 25 B. Resolution 6215, a Resolution Approving Transfers Between Funds for the 26 Year 2003. 27 28 This item was removed from the Agenda. 29 30 C. Resolution 6216 Approving Inter-Fund Loans for the Year 2003 and Setting 31 an Interest Rate on Inter-Fund Loans for the Year 2004. 32 33 This item was removed from the Agenda. 34 35 D. Resolution 6179 Approving a Minor Subdivision for Duane Waldoch, 2935 36 County Road 10, Planning Case MI03-005. 37 38 Community Development Director Ericson indicated that Duane Waldoch purchased a small 39 sliver of tax forfeited property and now has a through lot with frontage on Highway 10 and 40 Sherwood Place. He then indicated that Mr. Waldoch has requested approval of a minor 41 subdivision to create a new lot fronting Sherwood Place. 42 43 Director Ericson indicated that the park dedication fee was recalculated to be $1,536 rather than 44 the originally quoted $768.00. 45 Mounds View City Council March 22, 2004 Regular Meeting Page 7 1 Mayor Linke questioned the market value of $15,000 given by Ramsey County. 2 3 Director Ericson indicated it has been the City’s past practice to use the Ramsey County assessed 4 valuation for determining the park dedication fee rather than requiring an appraisal for every 5 subdivision. 6 7 Mayor Linke suggested 10% of the sale price because lots are worth than $15,000. 8 9 Director Ericson offered to discuss the park dedication fees with the City Attorney as for how to 10 handle future subdivisions. 11 12 Mayor Linke indicated the City used to look at more than the assessed value and he would like to 13 review this because the Ordinance does not state how the value is determined. 14 15 Council Member Gunn indicated she would have a problem with changing the practice during 16 Mr. Waldoch’s application because he had been told $768.00 and that was moved to $1,536 and 17 now there are discussions on charging him even more. She then said that she would be fine with 18 reviewing the policy and practice for the next subdivision but not for this one. 19 20 Mr. Waldoch asked Council to consider his application under the current rules and review the 21 rules for future subdivisions. 22 23 Director Ericson indicated that for the past seven years the City has used this process and he 24 would not like to see a change midstream in the process of this application because Mr. Waldoch 25 and the person purchasing the newly created lot have been told that the park dedication fee would 26 be charged based on the assessed value. He then offered to look into the City’s process for future 27 subdivisions and asked that Council approve as recommended. 28 29 Mayor Linke agreed to approve this based on seven years of past practice but asked that Staff 30 look into this for future subdivisions. 31 32 Council Member Stigney agreed that it would be unfair to penalize Mr. Waldoch but said he 33 would like to have the process reviewed for future applications for subdivision. 34 35 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6179, a 36 Resolution Approving a Minor Subdivision for Duane Waldoch, 2935 County Road 10. 37 38 Ayes – 3 Nays – 0 Motion carried. 39 40 E. Resolution 6206 Approving Step Increases for Officer Kasey Keckeisen, 41 Officer Kirk Leitch, Officer Darrell Meyer (longevity step increase from 3% 42 to 5%), and Desaree Crane. 43 44 Mounds View City Council March 22, 2004 Regular Meeting Page 8 MOTION/SECOND: Stigney/Gunn. To Approve Resolution 6206, Approving Step Increases 1 for Officer Kasey Keckeisen, Officer Kirk Leitch, Officer Darrell Meyer (longevity step increase 2 from 3% to 5%), and Desaree Crane as Amended. 3 4 City Administrator Ulrich read Resolution 6206. 5 6 Council Member Stigney pointed out an error for Mr. Leitch under Step 4 as it has the same 7 figure as the Step 5 figure. 8 9 City Administrator Ulrich indicated the Step 4 figure should be five percent less. 10 11 Ayes – 3 Nays – 0 Motion carried. 12 13 F. Consideration of Charter Commission Recommendation to Amend Section 14 4.02 Filing for Office. 15 16 Mayor Linke indicated the Charter Commission has asked that the Charter be amended as to 17 filing fees for affidavits for candidacy because the City’s fee schedule establishes a fee of $20.00 18 and the Charter recommended referencing state statute. He then said that the fee was raised to 19 cover the time and paperwork involved in processing the affidavits and he does not feel that 20 $5.00 would cover the costs. 21 22 Mayor Linke suggested setting the fee by Ordinance and then the City would be in compliance 23 with the Charter. 24 25 City Administrator Ulrich indicated that he would review the matter with the City Attorney and 26 report back for discussion. 27 28 MOTION/SECOND: Linke/Stigney. To Postpone this Matter to April 12, 2004. 29 30 Ayes – 3 Nays – 0 Motion carried. 31 32 G. Consideration of Request from Innovative Images Marketing & 33 Management LLC for a Settlement Conference. 34 35 This item was removed from the Agenda. 36 37 H. Resolution 6207 Approving the Appointment of Timothy Wolf and Keith 38 Demarest to the Positions of Police Officer. 39 40 Mayor Linke noted Council has received information on the other names before Council. 41 42 MOTION/SECOND: Gunn/Stigney. To Approve Resolution 6207, Approving the Appointment 43 of Timothy Wolf and Keith Demarest to the Positions of Police Officer. 44 45 Mounds View City Council March 22, 2004 Regular Meeting Page 9 Council Member Stigney asked that Resolution 6207 be read. 1 2 Deputy Chief Brennan read Resolution 6207. 3 4 Ayes – 3 Nays – 0 Motion carried. 5 6 Deputy Chief Brennan introduced Officer Demarest. 7 8 Mayor Linke asked that procedures for the Commission be reviewed. 9 10 I. First Reading and Introduction of Ordinance 732, an Ordinance Authorizing 11 the Transfer of Real Property from the City of Mounds View to the Mounds 12 View Economic Development Authority. 13 14 Community Development Director Ericson indicated that the City Attorney has recommended 15 that the EDA hold all the parcels under its ownership and this Ordinance authorizes the sale to 16 the EDA. 17 18 MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Introduce the First Reading and 19 Approve Ordinance 732, an Ordinance Authorizing the Transfer of Real Property from the City 20 of Mounds View to the Mounds View Economic Development Authority. 21 22 Ayes – 3 Nays – 0 Motion carried. 23 24 J. Resolution No. 6217 Adopting a Policy for Unclaimed and Surplus Property. 25 26 City Administrator Ulrich indicated this is a policy presented for Council adoption this evening 27 and it sets a policy for disposing of or selling surplus or unclaimed property. He then suggested 28 the Resolution be amended to read that Council will determine that property is surplus rather 29 than the City Administrator. 30 31 Mayor Linke asked that the first whereas read that from time to time the City of Mounds View 32 has the need to dispose of unclaimed or unused property. 33 34 Council Member Stigney agreed to change to the Council determining. 35 36 Council Member Stigney commented that sometimes City equipment is replaced but the City 37 does not get rid of the old piece by trading in. 38 39 Mayor Linke indicated that this Resolution would cover items that are not traded in but are 40 replaced and are no longer being used. 41 42 MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6217, A 43 Resolution Adopting a Policy for Unclaimed and Surplus Property. 44 45 Mounds View City Council March 22, 2004 Regular Meeting Page 10 Ayes – 3 Nays – 0 Motion carried. 1 2 K. Community Survey 3 4 This item was removed from the Agenda. 5 6 10. APPROVAL OF MINUTES 7 8 A. City Council Minutes March 8, 2004 9 10 MOTION/SECOND: Gunn/Stigney. To Approve the City Council Minutes for March 8, 2004 11 as Presented. 12 13 Ayes – 3 Nays – 0 Motion carried. 14 15 11. REPORTS 16 17 A. Reports of Mayor and Council. 18 19 Council Member Gunn reported that the proposed date for the festival is August 22, 2004. She 20 then said that this will be a one-day event with the parade and the YMCA is looking into 21 sponsoring a fun run through the City. 22 23 Council Member Stigney asked whether the festival is going to have the auction. 24 25 Council Member Gunn told residents to save things they wish to sell and bring a table and put it 26 up out at the ballpark. 27 28 Mayor Linke reported that the Mounds View Community Theatre’s upcoming production is 29 scheduled for July 16 through August 1, 2004. He then asked that Council consider purchasing 30 an ad and asked that the item be added to the work session agenda. 31 32 B. Staff 33 1. Draft of Documents from Leadership Retreat 34 35 This item was for informational purposes. 36 37 2. Review Future Meeting Schedule 38 39 Mayor Linke asked that review for setting future dates wait until after the March 29, 2004 40 meeting. 41 42 Mounds View City Council March 22, 2004 Regular Meeting Page 11 3. Review LMCIT Response 1 2 City Administrator Ulrich indicated the League of Minnesota Cities Insurance Trust was looking 3 at a performance bond payment on a previous employee but there are more questions than 4 answers at this time and the amount of the claim which could be recovered potentially does not 5 justify the costs incurred to recover it. He then said that Staff recommends not pursuing this 6 further due to the potential costs involved. 7 8 Mayor Linke indicated he would prefer not to spend dollars to research whether it is possible to 9 collect because the costs to do so outweigh the claim. 10 11 MOTION/SECOND: Stigney/Gunn. To Approve the Recommendation of Staff to Not Proceed. 12 13 Ayes – 3 Nays – 0 Motion carried. 14 15 C. City Attorney 16 17 No attorney. 18 19 City Administrator Ulrich indicated the City Attorney had provided an update on the landfill 20 case. 21 22 City Administrator Ulrich indicated that the attorneys are trying to get the cities dismissed out of 23 the suit. 24 25 12. Next Council Work Session: Monday, April 5, 2004 26 Next Council Meeting: Monday, March 29, 2004 (Special) 27 28 13. ADJOURNMENT 29 30 Mayor Linke adjourned the meeting at 8:35 p.m. 31 32 Transcribed and recorded by: 33 34 35 Joan Lenzmeier 36 Timesaver Off Site Secretarial, Inc. 37 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Special Meeting 5 March 29, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 5:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, March 29, 2004 City Council Agenda. 20 21 MOTION/SECOND: Marty/Gunn. To Approve the Monday, March 8, 2004 Agenda as 22 Amended. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. SPECIAL ORDER OF BUSINESS 27 28 A. Tour of City Hall at 5:10pm. The City Council toured the Police Department 29 portion of City Hall to look at existing facility conditions. The tour ended at 30 530pm. 31 32 6. JUST AND CORRECT CLAIMS - NONE 33 34 7. COUNCIL BUSINESS 35 36 A. CIP. 37 Report presented by Finance Director Charlie Hansen and City Engineer Greg 38 Lee. Council reviewed report in detail, noting that the CIP is meant as a guide 39 plan and individual items must come back for Council approval. Staff was to 40 schedule a may 17, 2004 as a Work Session to tour and discuss the condition of 41 the City Hall facility. The Consultant, SEH, is to be at this meeting to present 42 their report. 43 44 8. REPORTS - NONE 45 46 Recess to Executive Session in Conference Room C at 6:42pm. 47 48 Adjourned from Executive Session at 7:45pm. 49 50 Item No: 11B (1) Meeting Date: April 12, 2004 Type of Business: Report Administrator Review : _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Item Title/Subject: Golf Course Quarterly Report Date of Report: April 12,2004 Golf Course Quarterly Report ~ A Three Month Review ~ Department General Information The Golf Course officially closed for the 2003 season on November 21. Following the closing, the course received six inches of snow on November 22, 2003. Staff placed covers on the greens on the week of December 2, 2003. Merchandise and gift certificates were available during the holiday season at The Bridges Pro Shop. As an added convenience to our patrons were able to purchase golf course gift certificates at the Mounds View City Hall with the cooperation of City Hall staff. Budget Revenue for 2003, through the end of the forth quarter totaled $585,761.33. The total expenditures including the debt service and payment of internal loans amounted to $ 834,3328.51. Please see attached Budget summary for the 2003 data. Revenues The department has been has not had significant activity during this period to report. The holiday sales amounted to approximately $500.00. Most purchases were in the form of gift certificate sales. Golf Course Billboards Update One of the most important issues facing the City relates to the placement of billboards on the Golf Course. The decision on the billboard permits, as of the time of this report, had not yet been issued. The Minnesota Department of Transportation had indicated that a decision would have been made by February 27, 2004. However, this has been forwarded to the federal level. We do not view this as entirely negative, it appears an effort is to be certain of appropriate protocol. There is no deadline in which action must be taken. Clear Channel Outdoor and the City of Mounds View wait in anticipation for the process to come to fruition. Projects There appeared some safety concerns raised regarding some wiring issues in the Pro Shop. The Bridges staff invited the City Building Official to inspect the golf course facility for any code violations. Upon inspection, some serious concerns were raised. This created an opportunity to improve the visibility of the food court and subsequently increase sales of food products. See Photos. 1. There was an excess of extension cords servicing the appliances. These caused regular overloading to the electrical service, regularly causing circuit breakers to shut off. These were code violations. 2. An electrician was engaged to make necessary upgrades in the circuitry. He discovered that the main wire to the electrical panel was very hot to the touch. It was extremely dried out and the backing board to the panel had been charred. The wire was replace. This had a fire potential, not if but when it finally burned through the insulation. 3. The electrical inspector recognized that the electrical box does not the required 36” safety area surround. There is a sink located within inches of the box. Staff is in the process of soliciting bids for repairs. 4. Winter servicing of all golf course equipment and maintenance performed. Golf Course Professional Opportunities • Minnesota Golf Council (Burg). • Midwest Public Managers Association Meetings (Burg ). • PGA Technology in the Golf Business (Mantis) • Participation in Chamber of Commerce Activities. (Burg) • 2004 Minnesota Golf Show (Manthis) • Safety Training, Liability, Beverage Sales, Customer Service (All Staff) • Pesticide Recertification (Parker) • Century College Facilities Management Advisory Board (Burg). Upcoming Activities The Council and Mayor requested staff to review of options for the golf course. This priority will be returned to council the weeks to come. Upcoming Marketing Strategies Development of marketing strategies for the 2004 season include direct mail to local business, schools, churches and organizations for any opportunity to enhance the image of The Bridges. • Play Golf America PGA 2004 Promotion, May • PGA Free Lesson May • Bring Your family to the golf Course The operation at The Bridges has excellent potential for change. The staff will work diligently with the City Council to find solution to its challenges. _____________________________ Mary Burg Golf Course Manager Item No 11C(1) Meeting Date: April 12, 2004 Type of Business: Reports Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: City Attorney Report and Opinion Regarding Park Dedication Fees Introduction: On March 22, 2004, the City Council asked that the City Attorney review and provide an opinion regarding the City’s park dedication fee requirements. Discussion: As directed, the City Attorney has reviewed the City’s park dedication requirements and submits for the Council’s consideration the attached opinion. Mr. Riggs will be present to discuss his findings and respond to any questions the Council may have. Recommendation: Review the attached opinion from the City Attorney regarding park dedication fees. Respectfully submitted, _______________________ Jim Ericson Community Development Director 763-717-4021 C:\Documents and Settings\JimE\Favorites\City Council Stuff\Reports\Park Dedication Report - April 12, 2004.doc Kennedy Scott J. Riggs 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9260 telephone (612) 337-9310 fax sriggs@kennedy-graven.com C H A R T E R E D MEMORANDUM TO: Honorable Mayor and Council Members of the City of Mounds View DATE: April 7, 2004 RE: Park Dedication Process Review In response to the City Council’s request for a legal opinion regarding the current park dedication process in the City of Mounds View (the “City”) and legal challenges associated with its potential revision, please note the following information and recommendations. Park dedication process in general In Minnesota, cities may adopt regulations requiring subdivisions to dedicate a portion of their land to the public use for parks pursuant to statutory authority in Section 462.358, subdivision 2b of the Minnesota Statutes. Cities may also accept cash in lieu of land. In determining the reasonable portion to be dedicated, cities may consider • the municipal need to acquire that portion of land as a result of approval of the subdivision; and, • the open space, park, recreational, or common areas which the applicant proposes to reserve for the public within the subdivision. Establishing a park dedication fee in lieu of the land may be broken into the following components: • a “reasonable” amount; • of all the land within the subdivision; • based on its fair market value; • at a time no later than the time of final approval. Chapter 1204 of the City’s code of ordinances was adopted pursuant to Section 462.358 of the Minnesota Statutes. The ordinance allows the City to require dedication of a “reasonable portion of each proposed subdivision” for “public use as parks, playgrounds, public open space, wetlands or storm water holding areas or ponds.” It also gives the City an option to accept cash in lieu of dedication. A payment in lieu is based on “the fair market value of the undeveloped land.” The fair market value may be determined by a professional appraiser hired by the City Council. The ordinance also allows the City to take into consideration “the open space, recreational or common areas and facilities which the subdivider has provided for the exclusive use of the residents of the subdivision.” While the ordinance is slightly different from the statute, it is generally consistent with the law. Park dedication formula Section 462.358, subdivision 2b does not specify a maximum dedication requirement. The percentage of land in the subdivision to be committed to the public purpose is within the prerogative of the city council and will not be disturbed where reasonable. The determination of what is reasonable has been left to judicial interpretation. The leading case in Minnesota is Collis v. City of Bloomington, 246 N.W.2d 19 (1976), where developers challenged the constitutionality of Section 462.358 and Bloomington ordinance adopted pursuant to that section authorizing the city to require dedication of 10% of the undeveloped land or its equivalent in cash based on the market value as determined by the city assessor.1 The Minnesota Supreme Court upheld both the statute and Bloomington’s ordinance as constitutional. As a result, many cities adopted ordinances that generally permit park dedication amount at or up to 10%. However, it is important to understand that the Collis court did not hold that a 10% requirement is always reasonable. Rather, it upheld a 10% dedication requirement only as it applied to the particular circumstances of the proposed subdivision in that case. The court further noted that while the city has apparently made a record in this case showing that 10 percent is not unreasonable as to the property of these plaintiffs, given the particular needs of Bloomington, a 10-percent requirement might be arbitrary as a matter of law because it does not consider the relationship between this particular subdivision and recreational need in the community. Based on Collis, the reasonable dedication test in Minnesota is the existence of a reasonable relationship between the approval of the subdivision and the municipality’s need for land. As the Collis court pointed out: This is, of necessity, a facts-and-circumstances test, but it is the only kind of test that will consider the myriad of factors which may bear on a municipality’s needs for certain kinds of facilities and the relationship of a particular subdivision to those needs. Therefore, reasonableness depends on “whether a given regulation constitutes so severe a burden as to be unreasonable as applied to a particular subdivider.” 1 When Collis was decided, section 462.358, subd. 2 read as follows: “The subdivision regulations may require that *** a reasonable portion of each proposed subdivision be dedicated to the public for public use as parks and playgrounds, or that the subdivider at his option in subdivisions in excess of 30 acres, contribute an equivalent amount in cash based on the undeveloped land value.” The Bloomington ordinance established that a 10% dedication requirement was reasonable. The current version of the City’s ordinance contains a formula by which the dedication amount is to be determined. While having a standard formula is a convenience, it is open for challenge and must be justified. In order for a specific park dedication requirement to be upheld there must be a factual basis for the City’s determination that it constitutes a reasonable exaction as it related to the subdivision in question. As the court in Collis noted “subdivision with lots of different sizes may bring in different numbers of people. A high-rise building or small-lot development might create a greater need for parks and recreational space than a large-lot development.” The percentage of total acreage is not necessarily a rational measure. Conclusion The provisions of Chapter 1204 authorizing park dedication appear to be consistent with the law. At the same time, I would suggest the following changes: 1. Section 1204.02, subdivision 1 (a). Delete the requirement that a market value must be based on the undeveloped land. This was included in the earlier version of Section 462.358, but the current law is “fair market value of the land.” This will avoid potential disputes of what constitutes undeveloped or developed land. 2. Section 1204.02, subdivision 4. The current formula by which the City determines the appropriate portion for the dedication would not necessarily be found invalid. However, keeping in mind the caution articulated by the court in Collis that a flat percentage may be arbitrary as a matter of law if it does not consider the relationship between the particular subdivision and recreational need in the community, it might be better to avoid the establishment of a rigid formula. Instead, the City may make a finding in their ordinance that up to 10% dedication requirement is reasonable, but that the exact amount would be determined by the City based on the following factors: (1) the market value of the land; (2) the need for open space generated by a subdivision; (3) the existence of the land dedicated for public use within the subdivision; (4) other factors unique to a particular subdivision which would suggest that it should pay more than the “standard” fee. The bottom line is that any dedication fee may be open for challenge. However, if the City justifies the imposition of a fee with evidence to support particular circumstances of the proposed subdivision (not a particularly high standard), the burden is on the developer to show that the dedication requirement was unreasonable. 3. Determination of the fair market value. The City’s current practice of using county assessed values should be changed. The statute neither defines a “fair market value” nor requires the assessment to be done in any particular way. Using an appraiser might be a better practice for the City in order to ensure that the value of the land for dedication purposes correlates with the true market value of the land in question. This also appears to be the general practice in other cities.